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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 12 MARTIN SOTO, AKA SANTIAGO SOTO, Petitioner, 13 ORDER v. 14 15 No. 2:17-cv-1780 KJN P UNKNOWN, Respondents. 16 17 Petitioner, a state prisoner at High Desert State Prison, has filed a motion for an extension 18 19 of time to file a petition for writ of habeas corpus. No other pleadings have been filed by the 20 petitioner. In order to commence an action, petitioner must file a petition for writ of habeas 21 corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must 22 either pay the required filing fee or file an application requesting leave to proceed in forma 23 pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or 24 denying relief until an action has been properly commenced. Therefore, petitioner’s motion is 25 denied without prejudice. Unless petitioner files a petition, and submits an application requesting 26 leave to proceed in forma pauperis or submits the appropriate filing fee, this action will be 27 dismissed. 28 //// 1 1 In accordance with the above, IT IS HEREBY ORDERED that: 2 1. Petitioner’s motion for extension of time (ECF No. 1) is denied without prejudice; 3 2. Within thirty days,1 petitioner shall file a petition that complies with the requirements 4 of the Rules Governing Section 2254 Cases, the Federal Rules of Civil Procedure, and the Local 5 Rules of Practice; the petition must bear the docket number assigned this case; petitioner must file 6 an original and two copies of the petition. Petitioner shall also submit, within thirty days from the 7 date of this order, the application to proceed in forma pauperis on the form provided by the Clerk 8 of Court, or the filing fee in the amount of $5.00. Petitioner’s failure to comply with this order 9 will result in a recommendation that this matter be dismissed; and 10 3. The Clerk of the Court is directed to send petitioner the court’s form for filing a 11 petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner. 12 Dated: September 6, 2017 13 14 15 16 17 /soto1780.nopetition.kjn 18 19 20 21 22 23 24 25 26 27 1 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). 28 2

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