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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LEONARD BAGSBY, 12 13 14 No. 2:18-cv-00650 GGH Petitioner, v. ORDER ROBERT W. FOX, 15 Respondent. 16 17 Petitioner proceeds in this action pro se, ECF No. 1, and now requests to proceed in forma 18 pauperis pursuant to 28 U.S.C. § 1915. ECF No. 2. An examination of plaintiff’s request and 19 accompanying affidavit demonstrates that he is unable to pay the fees and costs associated with 20 this case and the court will, therefore, GRANT his motion for in forma pauperis status. 21 Petitioner’s filed a 7 page habeas petition in which he indicates he has attached grounds 22 for relief, supporting facts and applicable case law. None of the attachments to which he refers 23 have been filed with the court. Therefore, there is no basis upon which to determine the matter 24 should be served on defendant. 25 In light of the foregoing IT IS HEREBY ORDERED that: 26 1. Petitioner’s motion to proceed in forma pauperis is GRANTED; 27 2. Petitioner’s petition is dismissed as an incomplete document and Petitioner shall, 28 within 30 days of the date of this order, file an amended petition for habeas corpus that provides 1 1 the facts supporting his petition, references to applicable law and the grounds he asserts for relief. 2 Petitioner is warned that failure to obey this Order may result in a recommendation that his 3 petition be dismissed. 4 3. The Clerk of the court is directed to enclose a copy of ECF No. 1, the petition, 5 with the IFP application when it is mailed to petitioner. 6 Dated: April 6, 2018 7 /s/ Gregory G. Hollows UNITED STATES MAGISTRATE JUDGE 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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