Copes

Filing 6

ORDER RECLASSIFYING CASE AND SETTING DEADLINES. Signed by Judge Phyllis J. Hamilton on 6/18/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 6/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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No. C 12-2015 PJH (PR)

In re DONALE EUGENE COPES,
Plaintiff,

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/
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This case was opened when Copes wrote a letter to the court. In an effort to protect

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For the Northern District of California

United States District Court

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ORDER RECLASSIFYING
CASE AND SETTING
DEADLINE

his rights, it was treated as an attempt to open a new case. It was classified as a prisoner

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civil rights case not involving conditions of confinement (nature of suit 550). However, in

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the letter plaintiff clearly expresses his wish that the court order his release – that is, if

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plaintiff intended to file a case at all, it would be a habeas case (nature of suit 530),

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because it involves the fact or length of his confinement. The clerk therefore shall

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reclassify the case on the docket as a 530.

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The day the case was opened the clerk sent plaintiff two notices, one that he had not

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paid the filing fee or applied for leave to proceed in forma pauperis (“IFP”), and the other

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that he had not filed a complaint. Included with the notices were the court’s form for IFP

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applications and a prisoner civil rights form packet. He has returned a completed IFP form,

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but not a complaint. Because this is in fact a habeas case, the complaint form would not be

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suitable in any event, and it may have confused plaintiff. The clerk shall send plaintiff the

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court’s form packet for habeas cases with his copy of this order. Plaintiff shall file a habeas

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petition within twenty-eight days of the date this order is entered. If he does not, the case

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will be dismissed.

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IT IS SO ORDERED.
Dated: June 18, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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