Mata v. Gipson

Filing 6

ORDER DIRECTING PETITIONER TO FILE COMPLETED HABEAS PETITION FORM AND IN FORMA PAUPERIS APPLICATION. Petition on Form due by 1/2/2013. IFP Form due by 1/2/2013. Signed by Judge Claudia Wilken on 12/3/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 12/3/2012)

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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 12-5852 CW (PR)
IN RE RAUL MATA,

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ORDER DIRECTING
PETITIONER TO FILE
COMPLETED HABEAS PETITION
FORM AND IN FORMA
PAUPERIS APPLICATION

Petitioner.

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United States District Court
For the Northern District of California

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__________________________/

This habeas case was opened on November 13, 2012, when the
Clerk of the Court received from Petitioner, a state prisoner, a
letter and two motions.

Docket nos. 1-4.

Each motion is

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captioned as a “Motion for Equitable Tolling.”

Docket nos. 2, 3.

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Although Petitioner appears to be asking the Court to allow him to
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proceed with a habeas petition that he was not able to file
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timely, none of the documents provides any information about the
state conviction he seeks to challenge in federal court.

Based on

this lack of information, the Court is unable to evaluate the

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merit of Petitioner’s motions.

Further, Petitioner has not paid

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the $5.00 filing fee for a habeas petition or, alternatively,

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submitted an application seeking leave to proceed in forma

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pauperis (IFP), which he must do before the case can proceed.

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Accordingly, the Court orders as follows:

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1.

No later than thirty (30) days from the date of this

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Order, Petitioner shall file with the Court a completed 28 U.S.C.

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§ 2254 habeas petition form, a copy of which is being provided to

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Petitioner with this Order.

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must write in the correct caption and case number for this action,

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C 12-5852 CW (PR).

On the first page of the form he

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2.

No later than thirty (30) days from the date of this

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Order, Petitioner either shall pay the $5.00 filing fee or shall

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file with the Court a completed IFP application, a copy of which

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is being provided to Petitioner with this Order.

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page of the form he must write in the correct caption and case

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number for this action, C 12-5852 CW (PR).

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3.

On the first

If Petitioner fails to comply with this Order, the case

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will be dismissed without prejudice for failure to prosecute under

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Rule 41(b) of the Federal Rules of Civil Procedure.

United States District Court
For the Northern District of California

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4.

The Clerk shall send Petitioner a blank § 2254 habeas

petition form and a blank prisoner IFP application.
IT IS SO ORDERED.
Dated: 12/3/2012
CLAUDIA WILKEN
United States District Judge

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