Bagsby v. Fox

Filing 4

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/6/2018 GRANTING 2 Motion to Proceed IFP and DISMISSING 1 Petition as an incomplete document. Petitioner to file an amended petition within 30 days of the date of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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LEONARD BAGSBY,

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No. 2:18-cv-00650 GGH

Petitioner,
v.

ORDER

ROBERT W. FOX,

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Respondent.

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Petitioner proceeds in this action pro se, ECF No. 1, and now requests to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. An examination of plaintiff’s request and

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accompanying affidavit demonstrates that he is unable to pay the fees and costs associated with

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this case and the court will, therefore, GRANT his motion for in forma pauperis status.

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Petitioner’s filed a 7 page habeas petition in which he indicates he has attached grounds

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for relief, supporting facts and applicable case law. None of the attachments to which he refers

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have been filed with the court. Therefore, there is no basis upon which to determine the matter

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should be served on defendant.

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In light of the foregoing IT IS HEREBY ORDERED that:

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1.

Petitioner’s motion to proceed in forma pauperis is GRANTED;

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2.

Petitioner’s petition is dismissed as an incomplete document and Petitioner shall,

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within 30 days of the date of this order, file an amended petition for habeas corpus that provides
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the facts supporting his petition, references to applicable law and the grounds he asserts for relief.

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Petitioner is warned that failure to obey this Order may result in a recommendation that his

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petition be dismissed.

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3.

The Clerk of the court is directed to enclose a copy of ECF No. 1, the petition,

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with the IFP application when it is mailed to petitioner.

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Dated: April 6, 2018

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

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