(HC) Johnson v. California Superior Court

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 9/24/2024 GRANTING petitioner's 5 motion to proceed ifp and DISMISSING petitioner's application for a writ of habeas corpus with leave to amend within 30 days. The Clerk shall send petitioner a habeas corpus application form. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERT EARL JOHNSON,

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Petitioner,

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v.

No. 2:24-cv-2145 CKD P

ORDER

CALIFORNIA SUPERIOR COURT,
Respondent.

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

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

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of the affidavit reveals petitioner is unable to afford the costs of this action. Accordingly, leave to

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

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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 for this court to review his application, he must refile his

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

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memorandum to support his petition for relief, the court’s application form must contain all

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relevant claims, and must provide the court with all necessary information.
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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. 5) is granted.

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2. Petitioner’s application for a 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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3. 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.”

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4. The Clerk of the Court is directed to send petitioner the form for habeas corpus
application.
Dated: September 24, 2024
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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john2145.115

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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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