Opinion
23-cv-02887 BLF (PR)
07-21-2023
ORDER ADMINISTRATIVELY CLOSING CASE
BETH LABSON FREEMAN UNITED STATES DISTRICT JUDGE
On June 13, 2023, Petitioner, proceeding pro se, filed a letter which was construed as an attempt to file a petition for writ of habeas corpus under 28 U.S.C. § 2254. Dkt. No. 1. On the same day, the Clerk sent two notices to Petitioner, instructing him to do the following: (1) to file a proper petition on the court form, Dkt. No. 2; and (2) to either pay the $5 filing fee or file a complete In Forma Pauperis application, Dkt. No. 3.
On July 12, 2023, Petitioner filed a letter stating that he merely wrote to the Court asking for a “habeas corpus form... so I could file in the near future,” and that he is still in the process of preparing his papers. Dkt. No. 5. This matter was reassigned to the undersigned on July 18, 2023. Dkt. No. 7. It appears that this matter was prematurely and improvidently opened and should be administratively closed.
The Clerk of the Court shall administratively close the instant case. Because this case was opened in error, no filing fee is due.
IT IS SO ORDERED.