Lowery v. Neotti et al

Filing 8

ORDER (1) Granting 7 Request to Proceed In Forma Pauperis and (2)Dismissing Petition for Failure to State A Cognizable Claim on Habeas Corpus: If Petitioner wishes to challenge the fact or duration of his confinement by attacking his state court co nviction, he must, no later than 3/15/11 file a Second Amended Petition. If he wishes to challenge the conditions of his prison life, he must, no later than 3/15/11: (1) file a new civil complaint pursuant to 42 U.S.C. § 1983 which will be given a new civil case number, and (2) pay the $350 filing fee or file a motion to proceed in forma pauperis. The Clerk of the Court is directed to send Petitioner a second amended 2254 form and a 1983 form. Signed by Judge Irma E. Gonzalez on 1/7/11.(All non-registered users served via U.S. Mail Service; forms sent)(lmt)