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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE MILLS,

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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

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corpus pursuant to 28 U.S.C. § 2254 together with a request to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. Examination of the request to proceed in forma pauperis reveals

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that petitioner is unable to afford the costs of suit. Accordingly, the request for leave to proceed

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in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

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The habeas petition filed by petitioner is not on the correct form. Good cause appearing,

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the court will send petitioner the correct form and grant leave to file a new habeas petition. The

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form must be filled out completely and accurately or this court will recommend dismissal.

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

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1. Petitioner’s motion for leave to proceed in forma pauperis (ECF No. 4) is granted.

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2. Petitioner is granted thirty days from the date of service of this order to file a petition

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for writ of habeas corpus on the form to be provided by the Clerk of the Court. The form must be
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filled out completely and accurately and must bear the docket number assigned this case.

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Petitioner’s failure to comply with this order will result in a recommendation that this matter be

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dismissed.

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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 by California prisoners.

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Dated: November 9, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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mill2157.wf

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