Chandler v. Unknown

Full title: GREGORY A. CHANDLER, Petitioner, v. UNKNOWN, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Sep 21, 2015

2:15-cv-1653 GGH P (E.D. Cal. Sep. 21, 2015)

Opinion

GREGORY A. CHANDLER, Petitioner, v. UNKNOWN, Respondent. No. 2:15-cv-1653 GGH P United States District Court, E.D. California. September 21, 2015

          ORDER

          GREGORY G. HOLLOWS, Magistrate Judge.

         Petitioner, a state prisoner at North Kern State Prison, has filed a document styled motion for extension of time, seeking an extension of time to file a petition for writ of habeas corpus. No other pleadings have been filed by the petitioner. In order to commence an action, petitioner must file a petition for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must either pay the required filing fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action has been properly commenced. Therefore, petitioner's motion will be denied. See McDade v. Warden, 2010 WL 4795377 (C.D. Cal. 2010); Soto v. Warden, 2009 WL 1705471 (C.D. Cal. 2009). Petitioner will be provided the opportunity to file his petition, and to submit an application requesting leave to proceed in forma pauperis or to submit the appropriate filing fee.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Petitioner's August 3, 2015 motion is denied without prejudice;

         2. Petitioner is granted thirty days from the date of service of this order to file a petition that complies with the requirements of the Rules Governing Section 2254 Cases, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the docket number assigned this case; petitioner must file an original and two copies of the petition. Petitioner shall also submit, within thirty days from the date of this order, the application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing fee in the amount of $5.00. Petitioner's failure to comply with this order will result in a recommendation that this matter be dismissed; this permission to file does not constitute permission to file out of time; any statute of limitations problems will be assessed, if at all, when a petition is filed and respondent has filed a motion to dismiss; and

         3. The Clerk of the Court is directed to send petitioner the court's form for filing a petition for writ of habeas corpus, and the application to proceed in forma pauperis by a prisoner.