(HC) Carlock v. Covello

Filing 10

ORDER signed by Magistrate Judge Kendall J. Newman on 3/31/2021 VACATING 8 Findings and Recommendations; GRANTING 9 Motion to Proceed IFP; and DISMISSING 1 Application for Writ of Habeas Corpus with leave to amend within 30 days from 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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KEVIN DASHWANE CARLOCK,

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Petitioner,

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No. 2:20-cv-2210 TLN KJN P

v.

ORDER

PATRICK COVELLO,

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Respondents.

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On February 22, 2021, the undersigned recommended that this

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action be dismissed based on petitioner’s failure to pay the court’s filing fee or to request to

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proceed in forma pauperis. On March 4, 2021, petitioner filed an application to proceed in forma

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pauperis. Thus, the court vacates the findings and recommendations.
Examination of the affidavit reveals petitioner is unable to afford the costs of this action.

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Accordingly, leave to proceed in forma pauperis is granted. 28 U.S.C. § 1915(a).
The court requires all petitions for writ of habeas corpus be filed on the proper form which

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is provided by this court. Moreover, the court may limit its review of the petition for relief to the

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information on the form only and need not consider any memoranda or attachments to the

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petition. See Rule 2(c), Rules Governing § 2254 Cases.

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Petitioner is hereby notified that in order for this court to review his application, he must

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refile his petition on the proper form. Furthermore, although petitioner may submit a separate

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memorandum to support his petition for relief, including appending the petition he previously

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filed, the court’s application form must contain all relevant claims, and must provide the court

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with all necessary information, including where and when he was convicted.

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

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1. The findings and recommendations (ECF No. 8) are vacated;

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2. Petitioner’s motion to proceed in forma pauperis (ECF No. 9) is granted;

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3. Petitioner’s application for writ of habeas corpus is dismissed with leave to amend

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within thirty days from the date of this order;1

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4. Any amended petition must be filed on the form employed by this court and must state

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all claims and prayers for relief on the form. It must bear the case number assigned to this action

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and must bear the title “Amended Petition”; and

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5. The Clerk of the Court is directed to send petitioner the form for habeas corpus

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application.

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Dated: March 31, 2021

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/carl.2210.115

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By setting this deadline the court is making no finding or representation that the petition is not
subject to dismissal as untimely.
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