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Coleman v. Solano County Detention Facility

United States District Court, Ninth Circuit, California, E.D. California
Dec 20, 2013
2:13-cv-2564 KJN P (E.D. Cal. Dec. 20, 2013)

Opinion


KHATARI COLEMAN, Petitioner, v. SOLANO COUNTY DETENTION FACILITY, Respondent. No. 2:13-cv-2564 KJN P United States District Court, E.D. California. December 20, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Petitioner, a county prisoner proceeding pro without counsel, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Therefore, petitioner will be provided the opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee.

         Petitioner did not file an actual habeas corpus petition. Instead, petitioner filed a letter with the court stating that he intends to challenge his conviction. Petitioner's letter does not contain the information required for a habeas corpus petition. See Federal Rules Governing Section 2254 Cases, Rule 2(d). Accordingly, the court will direct the Clerk of the Court to send petitioner a form for a habeas corpus petition.

         In accordance with the above, IT IS HEREBY ORDERED that:

         1. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee and a habeas corpus petition on the form provided by the court; petitioner's failure to comply with this order will result in a recommendation that this action be dismissed;

         2. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district and a form for a habeas corpus petition pursuant to 28 U.S.C. § 2254.


Summaries of

Coleman v. Solano County Detention Facility

United States District Court, Ninth Circuit, California, E.D. California
Dec 20, 2013
2:13-cv-2564 KJN P (E.D. Cal. Dec. 20, 2013)
Case details for

Coleman v. Solano County Detention Facility

Case Details

Full title:KHATARI COLEMAN, Petitioner, v. SOLANO COUNTY DETENTION FACILITY…

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Dec 20, 2013

Citations

2:13-cv-2564 KJN P (E.D. Cal. Dec. 20, 2013)