(PC) Tobin v. Unknown ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES M. TOBIN, No. 2:20-cv-1598-EFB P 12 Plaintiff, 13 v. ORDER 14 UNKNOWN, 15 Defendant. 16 17 James M. Tobin is a state prisoner proceeding without counsel. This action was opened 18 when he submitted to the court an unsigned letter. ECF No. 1. Mr. Tobin has not property 19 commenced a civil action. Until Mr. Tobin submits a signed petition or a signed complaint and 20 either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there is simply no 21 case before the court. 22 To commence a civil action, a party is required to file a complaint or a petition. Fed. R. 23 Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 24 (2003). Federal courts offer two main avenues to relief on complaints related to one’s 25 imprisonment – a petition for habeas corpus pursuant to 28 U.S.C. § 2254, and a civil rights 26 complaint pursuant to 42 U.S.C. § 1983. Challenges to the validity of one’s confinement or the 27 duration of one’s confinement are properly brought in a habeas action, whereas requests for relief 28 turning on the circumstances of one’s confinement are properly brought in a § 1983 action. 1 Muhammad v. Close, 540 U.S. 749, 750 (2004) (citing Preiser v. Rodriguez, 411 U.S. 475, 500 2 (1973)). 3 If Mr. Tobin wishes to challenge the validity or duration of his conviction, he must file an 4 application for a writ of habeas corpus using this court’s form petition. In addition, he must either 5 file an in forma pauperis affidavit or pay the required filing fee ($5.00). See 28 U.S.C. 6 §§ 1914(a); 1915(a). 7 If Mr. Tobin wishes to challenge his conditions of confinement, he must file a prisoner 8 civil rights complaint using this court’s form complaint. In addition, a plaintiff must pay the $400 9 filing fee required by 28 U.S.C. § 1914(a) or request leave to proceed in forma pauperis and 10 submit the affidavit and trust account statement required by 28 U.S.C. § 1915(a). Section 11 1915(a)(2) requires “a prisoner seeking to bring a civil action without prepayment of fees or 12 security therefor, in addition to filing the affidavit filed under paragraph (1), shall submit a 13 certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for 14 the 6-month period immediately preceding the filing of the complaint . . . , obtained from the 15 appropriate official of each prison at which the prisoner is or was confined.” 16 Finally, Rule 11 of the Federal Rules of Civil Procedure requires that “[e]very pleading, 17 written motion, and other paper . . . be signed by at least one attorney of record in the attorney’s 18 name—or by a party personally if the party is unrepresented.” Fed. R. Civ. P. 11(a). 19 Accordingly, it is hereby ORDERED that: 20 1. The Clerk of the Court shall send to Mr. Tobin the court’s forms for application for 21 writ of habeas corpus, prisoner civil rights complaint, and application for leave to proceed in 22 forma pauperis. 23 2. Within 30 days of the date of this order, Mr. Tobin shall either pay the appropriate 24 filing fee or submit a complete application for leave to proceed in forma pauperis. 25 3. Within 30 days of the date of this order, Mr. Tobin shall file a signed petition for writ 26 of habeas corpus or a signed prisoner civil rights complaint. 27 ///// 28 ///// wOAOe 2 OU UV OORT BP UETIOCTI OG POR VOPOreNr PF Ayt Vv VI 1 4. Failure to comply with this order may result in this case being closed. 2 | DATED: August 17, 2020. tid, PDEA 4 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28