Boselly v. State of California

Filing 6

ORDER (1) denying request to reopen case and (2) granting extension of time to file First Amended Complaint. The Court GRANTS an extension of time to file an amended petition and satisfy the filing fee requirement, due no later than 12/08/2017. (blank in forma pauperis application and blank First Amended Petition form mailed to Petitioner). Signed by Judge John A. Houston on 11/08/2017.(All non-registered users served via U.S. Mail Service)(jpp)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MATTHEW R. BOSELLY,

Case No. 17cv1534 JAH (PCL)
Petitioner,

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ORDER: (1) DENYING REQUEST
TO REOPEN CASE AND (2)
GRANTING EXTENSION OF TIME
TO FILE FIRST AMENDED
PETITION

v.
STATE OF CALIFORNIA,

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Respondent.

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On July 27, 2017, Petitioner, a state prisoner proceeding pro se, filed a Petition for

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Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) On August 8, 2017,

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the Court dismissed the petition because Petitioner had failed to satisfy the filing fee

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requirement, failed to name a proper respondent and failed to state a cognizable claim on

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federal habeas. (ECF No. 2.) Petitioner was advised that if he wished to proceed with

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this action he must (1) either pay the $5.00 filing fee or submit adequate proof of his

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inability to pay and (2) file a First Amended Petition no later than October 9, 2017. (Id.)

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On October 10, 2017, Petitioner submitted a letter in which he contends that he

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submitted a Trust Account Withdraw Order to prison officials. (ECF No. 5 at 1.) He

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also argues that the proper respondent should be the “chief acting justice for the appellate

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level of the Federal Court.” (Id. at 2.) Finally, he states that he should not be required to

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/ / /submit an amended petition because of the additional postage and copying costs, and
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17cv1534 JAH (PCL)

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asks the Court to reopen the case. (Id.)
The Court DENIES Petitioner’s request to reopen the case. As discussed in this

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Court’s August 8, 2017 Order, the case remains dismissed and cannot be reopened until

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Petitioner does two things: (1) either pay the filing fee or provide adequate proof of his

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inability to pay and (2) file a First Amended Petition which names a proper respondent

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and raises cognizable federal claims. The amended petition must be complete in and of

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itself. See Forsyth v. Humana, Inc., 114 F.3d 1467, 1474 (9th Cir. 1997); King v. Atiyeh,

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814 F.2d 565, 567 (9th Cir. 1987). The Court GRANTS an extension of time to file an

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amended petition and satisfy the filing fee requirement, due no later than December 8,

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2017. For Petitioner’s convenience, the Clerk of Court shall attach to this Order a blank

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in forma pauperis application and a blank First Amended Petition form.

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IT IS SO ORDERED.

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Dated: November 2, 2017
Hon. John A. Houston
United States District Judge

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17cv1534 JAH (PCL)