(HC) McKenna v. Unknown ( 2020 )

wOASe 2 EUV EMMITT IR ee AY tv 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | TIMOTHY PATRICK MCKENNA, No. 2:20-cv-1940-JDP P 12 Petitioner, 13 V. ORDER 14 | UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner without counsel, has filed a letter seeking legal advice from the 18 | Clerk of the Court regarding his habeas proceedings in state court. ECF No. 1. The Clerk cannot 19 || provide such advice. If, however, petitioner intends to commence a federal habeas action, he 20 || must file a signed petition stating his grounds for relief. Fed. R. Civ. P. 3; Rule 3, Rules 21 Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). All petitions for writs 22 || of habeas corpus must be filed on the proper form, which the court will provide to petitioner. 23 || L.R. 190(b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. 24 Accordingly, it is hereby ORDERED that the Clerk of the Court shall send to petitioner 25 || the court’s form for application for writ of habeas corpus. Within 30 days of the date of this order, 26 || petitioner shall file a petition for writ of habeas corpus. Failure to comply with this order may 27 || result in this case being closed. 28 | DATED: October 5, 2020