(HC) Blakesley v. Fisher ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MARK DANIEL BLAKESLEY, No. 2:20-cv-0567 AC P 12 Petitioner, 13 v. ORDER 14 RAYTHEL FISHER, Warden, 15 Respondent.1 16 17 Petitioner, a state prisoner under the custody of the California Department of Corrections 18 and Rehabilitation (CDCR), proceeds pro se with a petition for writ of habeas corpus filed 19 pursuant to 28 U.S.C. § 2254. By order filed March 20, 2020, the court directed petitioner to pay 20 the filing fee ($5.00) or submit an application to proceed in forma pauperis. See ECF No. 3; see 21 also 28 U.S.C. §§ 1914(a), 1915(a). In response, petitioner submitted an incomplete application 22 to proceed in forma pauperis. See ECF No. 6. Petitioner will be provided an additional 23 opportunity to submit the filing fee or a completed application to proceed in forma pauperis. 24 //// 25 1 A federal petition for writ of habeas corpus must name as respondent the state officer having 26 custody of the petitioner. See 28 U.S.C. § 2254; Rule 2(a) of the Rules Governing Section 2254 Cases in the United States District Courts; Smith v. Idaho, 392 F.3d 350, 354-55 (9th Cir. 2004); 27 Stanley v. California Supreme Court, 21 F.3d 359, 360 (9th Cir. 1994). Accordingly, Raythel Fisher, Warden of Valley State Prison, is substituted for the Sacramento County Superior Court 28 as respondent herein. 2 OU VEY EEN MEIC OO a Ie AY ev 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner shall, within thirty (30) days after the filing date of this order, pay the filing 3 || fee to proceed with this case ($5.00), or submit a completed application to proceed in forma 4 | pauperis on the form provided herewith. 5 2. The Clerk of Court is directed to: (1) send petitioner a copy of the in forma pauperis 6 || application form used by prisoners in this district; (2) request from CDCR a copy of petitioner’ 7 || prisoner trust account statement; and (3) on the docket, change the name of the respondent to 8 || Raythel Fisher, Warden of Valley State Prison (see n.1, supra). 9 3. Failure of petitioner to timely comply with this order will result in a recommendation 10 | that this action be dismissed without prejudice. 11 | DATED: May 13, 2020 ~ 12 Chthien—Chare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28