Scribd Logo
Upload

Welcome to Scribd!

  • 36 views

    (HC) Wilson v. State of California Et Al - Document No. 4

    Uploaded by

    Justia.com
    ORDER signed by Judge Edmund F. Brennan on 10/10/07 ORDERING that w/in 30 days petitoner to submit either the filing fee or the completed apllication required by section 1915(a); the 1 Petition for Writ of Habeas Corpus is DISMISSED w/ leave to amend w/in 30 days; petitioner's failure to comply w/ this order or to amend the petition will result in a recommendation that this action be dismissed; the clerk to send petitioner IFP and Petition for HC forms.(Yin, K) 2:2007cv02087 California Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd

    (HC) Wilson v. State of California Et Al - Document No. 4

    Uploaded by

    Justia.com
    36 views2 pages
    ORDER signed by Judge Edmund F. Brennan on 10/10/07 ORDERING that w/in 30 days petitoner to submit either the filing fee or the completed apllication required by section 1915(a); the 1 Petition for Writ of Habeas Corpus is DISMISSED w/ leave to amend w/in 30 days; petitioner's failure to comply w/ this order or to amend the petition will result in a recommendation that this action be dismissed; the clerk to send petitioner IFP and Petition for HC forms.(Yin, K) 2:2007cv02087 California Eastern District Court

    Original Title

    (HC) Wilson v. State of California et al - Document No. 4

    Copyright

    © Public Domain

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    ORDER signed by Judge Edmund F. Brennan on 10/10/07 ORDERING that w/in 30 days petitoner to submit either the filing fee or the completed apllication required by section 1915(a); the 1 Petition for Writ of Habeas Corpus is DISMISSED w/ leave to amend w/in 30 days; petitioner's failure to comply w/ this order or to amend the petition will result in a recommendation that this action be dismissed; the clerk to send petitioner IFP and Petition for HC forms.(Yin, K) 2:2007cv02087 California Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    36 views2 pages

    (HC) Wilson v. State of California Et Al - Document No. 4

    Uploaded by

    Justia.com
    ORDER signed by Judge Edmund F. Brennan on 10/10/07 ORDERING that w/in 30 days petitoner to submit either the filing fee or the completed apllication required by section 1915(a); the 1 Petition for Writ of Habeas Corpus is DISMISSED w/ leave to amend w/in 30 days; petitioner's failure to comply w/ this order or to amend the petition will result in a recommendation that this action be dismissed; the clerk to send petitioner IFP and Petition for HC forms.(Yin, K) 2:2007cv02087 California Eastern District Court

    Copyright:

    Public Domain
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    (HC) Wilson v. State of California et al Doc.

    Case 2:07-cv-02087-GEB-EFB Document 4 Filed 10/10/2007 Page 1 of 2

    8 IN THE UNITED STATES DISTRICT COURT

    9 FOR THE EASTERN DISTRICT OF CALIFORNIA

    10 DAVIS ROGER WILSON,

    11 Petitioner, No. CIV S-07-2087 GEB EFB P

    12 vs.

    13 STATE OF CALIFORNIA, et al.,

    14 Respondents. ORDER

    15 /

    16 Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus.

    17 See 28 U.S.C. § 2254.

    18 A petitioner seeking a writ of habeas corpus either must pay the $5.00 filing fee, see 28

    19 U.S.C. § 1914(a), or request leave of court to proceed in forma pauperis. 28 U.S.C. § 1915(a).

    20 Petitioner has neither paid the fee nor submitted a completed application for leave to

    21 proceed in forma pauperis. In order to submit a completed application to proceed in forma

    22 pauperis, petitioner must submit an application that has the certificate portion filled in, together

    23 with a certified copy of petitioner’s inmate trust account statement for the six-month period

    24 immediately preceding the filing of the petition.

    25 Petitioner has named as respondents the State of California and the Attorney General of

    26 the State of California. A petitioner seeking a writ of habeas corpus must name as respondent

    Dockets.Justia.com
    Case 2:07-cv-02087-GEB-EFB Document 4 Filed 10/10/2007 Page 2 of 2

    1 the person having custody over him. 28 U.S.C. § 2242; Rule 2(a), Rules Governing Section

    2 2254 Cases. This person ordinarily is the warden of the facility where petitioner is confined.

    3 See Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Petitioner names as

    4 respondent the State and the attorney general as respondents yet they do not have custody over

    5 petitioner. Petitioner has not named the proper respondent.

    6 Accordingly, IT IS HEREBY ORDERED that:

    7 1. Within 30 days from the day this order is served, petitioner may submit either the

    8 filing fee or the completed application required by section 1915(a). Petitioner’s failure to

    9 comply with this order will result in a recommendation that this action be dismissed. The Clerk

    10 of the Court is directed to mail to petitioner a form application for leave to proceed in forma

    11 pauperis.

    12 2. The October 4, 2007, petition is dismissed with leave to file an amended petition

    13 naming the proper respondent within 30 days of the date of this order. Petitioner’s failure to file

    14 an amended petition will result in a recommendation that this action be dismissed without

    15 prejudice. The Clerk of the Court is directed to send to petitioner the form Petition for a Writ of

    16 Habeas Corpus used in this court.

    17 So ordered.

    18 Dated: October 10, 2007.

    19

    20

    21

    22

    23

    24

    25

    26

    You might also like