Lathan v. Martel

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/8/2017 GRANTING Mr. Lathan 30 days to file a petition for writ of habeas corpus. Mr. Lathan shall also submit, within 30 days, the application to proceed ifp or the $5.00 filing fee. The Clerk shall send Mr. Lathan the court's form for filing a petition for writ of habeas corpus and the application to proceed ifp. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KERRY L. LATHAN, 12 13 14 No. 2:17-cv-0464 CKD P Petitioner, v. ORDER UNKNOWN, 15 Respondent. 16 17 Mr. Lathan, a state prisoner, has filed a document seeking to appeal a decision of the 18 California Supreme Court. This court does not have appellate jurisdiction over the California 19 Supreme Court. Under certain circumstances, Mr. Lathan may challenge a conviction and / or 20 sentence through a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. In order to 21 commence a § 2254 action, Mr. Lathan must file his petition on the form which will be provided 22 to him by the Clerk of the court. Mr. Lathan must also either pay the required filing fee or file an 23 application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). 24 The court will not issue any orders granting or denying relief until an action has been properly 25 commenced. 26 In accordance with the above, IT IS HEREBY ORDERED that: 27 1. Mr. Lathan is granted thirty days to file a petition for writ of habeas corpus on the form 28 to be provided by the Clerk of the Court. The petition must bear the docket number assigned this 1 1 case. Mr. Lathan shall also submit, within thirty days, the application to proceed in forma 2 pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $5.00. Mr 3 Lathan’s failure to comply with this order will result in a recommendation that this matter be 4 dismissed. 5 2. The Clerk of the Court is directed to send Mr. Lathan the court’s form for filing a 6 petition for writ of habeas corpus by state prisoners, and the application to proceed in forma 7 pauperis by a prisoner. 8 Dated: March 8, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 13 14 1/kly lath0464.Nopetition 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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