Molina v. People of the State of Calfornia

Filing 6

ORDER FOR PETITIONER TO SHOW CAUSE. Signed by Judge Phyllis J. Hamilton on 3/23/10. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 3/23/2010)

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1 2 3 4 5 6 7 8 9 10 v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / ARMANDO MOLINA, Petitioner, No. C 10-0230 PJH (PR) ORDER FOR PETITIONER TO SHOW CAUSE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA United United States District Court 11 For the Northern District of California 12 13 On January 19, 2010, the court received a form "Petition for Writ of Certiorari" headed 14 "In the Supreme Court of the United States." The form is an original, completed in pencil. It 15 was accompanied by a motion for leave to proceed in forma pauperis ("IFP") on a Supreme 16 Court form. In an effort to protect petitioner's rights, the filings were treated as an attempt to 17 start a new habeas case in this court. The clerk sent petitioner a notice that his IFP 18 application was deficient because it was not on the right form, did not include a certificate of 19 fund in his inmate account, and did not include a printout of transactions in his inmate 20 account for the prior six months. A copy of the court's form for prisoner habeas IFP 21 applications was included with the notice. 22 On February 1, 2010, petitioner filed this court's IFP form and a notice of filing petition 23 for certiorari headed "Supreme Court of the United States." That he chose to file the IFP 24 form suggests that he may have intended to file in this court, but everything else suggests 25 that he wanted to file a petition for a writ of certiorari in the United States Supreme Court 26 and merely sent the materials to the wrong court. 27 Petitioner shall show cause within thirty days of the date this order is entered why this 28 case should not be dismissed as filed in the wrong court. If he intended to file in the 1 Supreme Court rather than this court, he should simply say that; this case will be dismissed 2 as filed in error and he can then file in the United States Supreme Court in Washington, D.C. 3 In so saying the court expresses no opinion as to whether a petition for certiorari so filed 4 would be timely. 5 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge 6 Dated: March 23, 2010. 7 8 9 10 United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\PJH\HC.10\MOLINA0230.OSC-P.wpd 2

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