Soto v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 9/6/2017 DENYING without prejudice 1 Motion for Extension of Time. Petitioner to file a petition and application to proceed IFP or the filing fee of $5.00 within 30 days. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARTIN SOTO, AKA SANTIAGO
SOTO,
Petitioner,

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ORDER
v.

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No. 2:17-cv-1780 KJN P

UNKNOWN,
Respondents.

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Petitioner, a state prisoner at High Desert State Prison, has filed a motion for an extension

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of time to file a petition for writ of habeas corpus. No other pleadings have been filed by the

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petitioner. In order to commence an action, petitioner must file a petition for writ of habeas

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corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must

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either pay the required filing fee or file an application requesting leave to proceed in forma

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pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or

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denying relief until an action has been properly commenced. Therefore, petitioner’s motion is

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denied without prejudice. Unless petitioner files a petition, and submits an application requesting

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leave to proceed in forma pauperis or submits the appropriate filing fee, this action will be

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dismissed.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion for extension of time (ECF No. 1) is denied without prejudice;

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2. Within thirty days,1 petitioner shall file a petition that complies with the requirements

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of the Rules Governing Section 2254 Cases, the Federal Rules of Civil Procedure, and the Local

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Rules of Practice; the petition must bear the docket number assigned this case; petitioner must file

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an original and two copies of the petition. Petitioner shall also submit, within thirty days from the

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date of this order, the application to proceed in forma pauperis on the form provided by the Clerk

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of Court, or the filing fee in the amount of $5.00. Petitioner’s failure to comply with this order

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will result in a recommendation that this matter be dismissed; and

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3. The Clerk of the Court is directed to send petitioner the court’s form for filing a

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petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner.

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Dated: September 6, 2017

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/soto1780.nopetition.kjn

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By setting this deadline, the court makes no finding or representation that the petition is not
subject to dismissal as untimely. See Sossa v. Diaz, 729 F.3d 1225, 1231-35 (9th Cir. 2015).
Petitioner is advised that a one year statute of limitations is applicable to all claims presented in a
federal habeas corpus petition. See 28 U.S.C. § 2244(d)(1); see also Mardesich v. Cate, 668 F.3d
1164 (9th Cir. 2012) (holding that the one year statute of limitations applied to each claim in a
habeas petition on an individual basis).

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