Arismendez v. Muniz

Filing 4

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/5/2017 DIRECTING the Clerk of Court to close this case. CASE CLOSED. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROLANDO ARISMENDEZ,

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Petitioner,

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v.

No. 2:17-cv-1116-EFB P

ORDER

M.L. MUNIZ,
Respondent.

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Mr. Arismendez is a state prisoner proceeding without counsel. This action was opened

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when he filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. ECF No. 1.

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However, he did not properly commence a civil action because the petition was not signed and he

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had neither paid the filing fee nor sought leave to proceed in forma pauperis. See Fed. R. Civ. P.

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3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003).

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On June 2, 2017, the court informed him that it could not review his petition because he

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had not signed it. See Fed. R. Civ. P. 11(a) (requiring that “[e]very pleading, written motion, and

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other paper . . . be signed by at least one attorney of record in the attorney’s name—or by a party

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personally if the party is unrepresented.”). The court also warned him that this action would be

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closed if he did not properly commence a civil action within 30 days, by filing a signed and

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complete petition for writ of habeas corpus, and either paying the filing fee or filing an

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application for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). Those 30 days
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have passed and Mr. Arismendez has not filed the necessary documents or otherwise responded to

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the court’s order.

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As Mr. Arismendez has not submitted a petition and either paid the filing fee or met the in
forma pauperis requirements of 28 U.S.C. § 1915(a), there is simply no case before the court.
Accordingly, the Clerk of the Court is hereby directed to close this case.
DATED: July 5, 2017.

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