King v. California State Prison

Filing 5

ORDER OF DISMISSAL; GRANTING Leave to Proceed in forma pauperis. Signed by Judge JEFFREY S. WHITE on 10/1/13. (jjoS, COURT STAFF) (Filed on 10/1/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 13-3269 JSW (PR)

WARREN KING,

ORDER OF DISMISSAL;
GRANTING LEAVE TO
PROCEED IN FORMA PAUPERIS

Petitioner,

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For the Northern District of California

United States District Court

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v.
CALIFORNIA STATE PRISON,

(Docket No. 4)

Respondents.
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This habeas action was opened based on a letter the Court received from Petitioner

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on July 15, 2013, in which he requested an “abeyance.” Petitioner indicated that he was

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“presently” filing a habeas petition in the state courts claiming that his appellate attorney

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was ineffective. On the day the letter was received, the Clerk notified Petitioner that he

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must file a petition within thirty days or the case would be dismissed. Along with the

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notice, Petitioner was mailed the Court’s form habeas petition, instructions for completing

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it, and a stamped envelope with the Court’s address printed on it. More than thirty days

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have passed and no response has been received. Without a petition or other pleading,

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including such basic information as where Plaintiff was convicted, the charges he faced

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and was convicted of, the state court remedies he has exhausted, and his grounds for

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relief, the Court has no case or controversy to adjudicate. See Valley Forge Christian

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College v. Americans United for Separation of Church and State, Inc., 454 U.S. 464, 471

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(1982). Accordingly, this case is DISMISSED without prejudice to Petitioner filing a
petition for a writ of habeas corpus in a new case.

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Rule 11(a) of the Rules Governing Section 2254 Cases now requires a district

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court to rule on whether a Petitioner is entitled to a certificate of appealability in the same

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order in which the petition is decided. Petitioner has failed to make a substantial showing

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that a reasonable jurist would find this Court's dismissal of this action debatable or wrong.

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Slack v. McDaniel, 529 U.S. 473, 484 (2000). Consequently, no certificate of

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appealability is warranted in this case.

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For the Northern District of California

United States District Court

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In light of Petitioner’s lack of funds, his application for leave to proceed in forma
pauperis is GRANTED (docket number 4).
IT IS SO ORDERED.
DATED: October 1, 2013
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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WARREN KING,

Case Number: CV13-03269 JSW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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CALIFORNIA STATE PRISON,
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Defendant.

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For the Northern District of California

United States District Court

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on October 1, 2013, I SERVED a true and correct copy(ies) of the attached, by placing
said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
14 depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office
delivery receptacle located in the Clerk's office.
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17 Warren King
CSP-Los Angeles
18 P.O. Box 4670
D43943
19 Lancaster, CA 93539
20 Dated: October 1, 2013
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk