Scott v. Sherman

Filing 3

ORDER signed by Magistrate Judge Gregory G. Hollows on 12/4/2017 ORDERING 1 Petition dismissed with leave to amend within 45 days after the date of issuance of this Order. (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 ANDRE RENE SCOTT, 12 No. 2:17-CV-02444-GGH Petitioner, 13 v. 14 STU SHERMAN, 15 ORDER Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed what purports to be an application 18 for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in 19 forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a), 20 1915(a). Petitioner will be provided the opportunity to either submit the appropriate affidavit in 21 support of a request to proceed in forma pauperis or submit the appropriate filing fee. In reviewing the pleading filed by petitioner it is clear that he is not sufficiently familiar 22 23 with the requirements for presenting a complete habeas corpus petition required under section 24 2254. As a result the court will direct the Clerk of the Court to provide him with this District’s 25 form habeas corpus petition to assist him in filing an appropriate pleading. Petitioner shall, 26 within 45 days of the date of this Order return a completed copy of each of the foregoing 27 documents. 28 //// 1 1 In light of the foregoing IT IS HEREBY ORDERED that: 2 1. The Petition will dismissed with leave to amend; 3 2. The Clerk of the Court is directed to send petitioner the following documents: 4 a. A copy of the in forma pauperis form used by this district; 5 b. A copy of the approved Petition for Writ of Habeas Corpus form used by this 6 7 District 3. Petitioner shall file his amended petition, using this court’s approved form, 45 days 8 after the date of the issuance of this Order together with either the required filing fee 9 or a completed in forma pauperis request. 10 11 Dated: December 4, 2017 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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