Opinion
No. 2: 11-cv-1666 KJN P
08-11-2011
DARRYL KEITH ALEXANDER, Petitioner, v. DOMINGO URIBE, JR., Respondent.
ORDER
Petitioner, a state prisoner proceeding without counsel, has filed an amended petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.
Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).
The amended petition raises seven claims. Attached as an exhibit to the amended petition is a copy of the table of contents from petitioner's petition for review filed in the California Supreme Court. The claims raised in the petition for review are not included in the seven claims raised in the amended petition. It is unclear whether petitioner intends to raise in the instant action the claims raised in the petition for review.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner's application to proceed in forma pauperis (Dkt. No. 10) is granted;
2. Within fourteen days of the date of this order, petitioner shall inform the court whether he intends to raise the claims he raised in his petition for review in the instant action or whether he intends to raise only the seven claims included within the body of the amended petition. Following receipt of this further briefing, the court will order the respondent to file a response to the amended petition.
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE