Mills v. Attorney General

Filing 15

ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/9/2017 GRANTING petitioner's 4 motion to proceed IFP and GRANTING petitioner 30 days to file a petition for writ of habeas corpus on the form provided by the Clerk. The Clerk shall send petitioner the court's form for filing a petition for writ of habeas corpus by CA prisoners.(Yin, K)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 KENNETH WAYNE MILLS, 12 13 14 15 16 17 No. 2:17-cv-2157 GEB CKD P Petitioner, v. ORDER ATTORNEY GENERAL, STATE OF CALIFORNIA, Respondent. Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. Examination of the request to proceed in forma pauperis reveals 20 that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed 21 in forma pauperis will be granted. See 28 U.S.C. § 1915(a). 22 The habeas petition filed by petitioner is not on the correct form. Good cause appearing, 23 the court will send petitioner the correct form and grant leave to file a new habeas petition. The 24 form must be filled out completely and accurately or this court will recommend dismissal. 25 In accordance with the above, IT IS HEREBY ORDERED that: 26 1. Petitioner’s motion for leave to proceed in forma pauperis (ECF No. 4) is granted. 27 2. Petitioner is granted thirty days from the date of service of this order to file a petition 28 for writ of habeas corpus on the form to be provided by the Clerk of the Court. The form must be 1 1 filled out completely and accurately and must bear the docket number assigned this case. 2 Petitioner’s failure to comply with this order will result in a recommendation that this matter be 3 dismissed. 4 3. The Clerk of the Court is directed to send petitioner the court’s form for filing a 5 petition for writ of habeas corpus by California prisoners. 6 Dated: November 9, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?