(HC) Dorsey v. Unknown ( 2022 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 ROMALES DORSEY, Jr., Case No. 2:22-cv-00731-TLN-JDP (HC) 11 Petitioner, ORDER DIRECTING MR. DORSEY TO SUBMIT A PETITION FOR WRIT OF 12 v. HABEAS CORPUS AND EITHER THE FILING FEE OR AN APPLICATION TO 13 UNKNOWN, PROCEED IN FORMA PAUPERIS 14 Respondent. 15 16 Romales Dorsey is a state prisoner without counsel. This action was opened when he 17 submitted to the court a letter stating that he is being denied habeas corpus. ECF No. 1. Mr. 18 Dorsey has not properly commenced a civil action. 19 To commence a civil action, a party is required to file a complaint or a petition. Fed. R. 20 Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 21 (2003). Challenges to the validity of confinement or the duration of confinement are properly 22 brought in a habeas action. If Mr. Dorsey intends to commence a federal habeas action, he must 23 file a signed petition stating his grounds for relief. All petitions for writs of habeas corpus must 24 be filed on the proper form, which the court will provide to Mr. Dorsey. E.D. Cal. L.R. Cal. 25 190(b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. In addition, Mr. Dorsey must 26 either pay the $5 filing fee or submit a complete application for leave to proceed in forma 27 pauperis. Until he files a signed petition and either pays the filing fee or a completed application 28 to proceed in forma pauperis, there is no case before the court. 1 Accordingly, it is hereby ORDERED that: 2 1. The Clerk of the Court shall send Mr. Dorsey the court’s form petition for a writ of 3 | habeas corpus and an application to proceed in forma pauperis. 4 2. Mr. Dorsey shall submit, within thirty days of the date of this order, a signed petition 5 | for writ of habeas corpus that states the grounds for relief. 6 3. Within thirty days of the date of this order, Mr. Dorsey shall either submit the $5 filing 7 | fee or completed application to proceed in forma pauperis. 8 4. Failure to comply with this order may result in this case being closed. 9 10 IT IS SO ORDERED. ll ( ie — Dated: _ July 12, 2022 12 JEREMY D. PETERSON 3 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28