Richards v. Unknown

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/11/2017 DENYING without prejudice 1 Motion for Extension of Time and ORDERING Petitioner to file a petition and submit either application to proceed IFP or the filing fee in the amount of $5.00. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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L. RICHARD,

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Petitioner,

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No. 2:17-cv-2012 KJN P

v.

ORDER

UNKNOWN,

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Respondent.

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Petitioner, a state prisoner at California State Prison, Sacramento, has filed a document

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styled “Motion for Extension of Time,” seeking to extend the time to file his petition for a writ of

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habeas corpus. No other pleadings have been filed by the petitioner. In order to commence an

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action, petitioner must file a petition for writ of habeas corpus as required by Rule 3 of the Rules

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Governing Section 2254 cases, and petitioner must either pay the required filing fee or file an

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application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a).

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The court will not issue any orders granting or denying relief until an action has been properly

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commenced. Therefore, petitioner’s motion is denied without prejudice. Unless petitioner files a

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petition, and submits an application requesting leave to proceed in forma pauperis or submits the

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appropriate filing fee, this action will be 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: October 11, 2017

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rich2012.nopetition

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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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