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Diaz v. Sisto

United States District Court, E.D. California
May 28, 2008
No. CIV S-08-0905 GEB GGH P (E.D. Cal. May. 28, 2008)

Opinion

No. CIV S-08-0905 GEB GGH P.

May 28, 2008


ORDER


Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner alleges that prison officials improperly confiscated money belonging to petitioner. Petitioner does not challenge the validity of his conviction or sentence. Nor does petitioner challenge a conviction for a prison disciplinary. Rather, petitioner challenges a condition of confinement. Accordingly, the court construes this as a civil rights action brought pursuant to 42 U.S.C. § 1983. The petition is dismissed with leave to file a civil rights complaint.

Petitioner has not filed an in forma pauperis affidavit or paid the required filing fee. See 28 U.S.C. §§ 1914(a), 1915(a). Petitioner will be provided the opportunity either to submit the appropriate affidavit in support of a request to proceed in forma pauperis or to submit the appropriate filing fee.

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

1. This action is construed as a civil rights action pursuant to 42 U.S.C. § 1983; the petition is dismissed with thirty days to file a civil rights complaint;

2. Petitioner shall submit, within thirty days from the date of this order, an affidavit in support of his request to proceed in forma pauperis on the form provided by the Clerk of Court, or the appropriate filing fee; petitioner's failure to comply with this order will result in the dismissal of this action; and

3. The Clerk of the Court is directed to send petitioner an Application to Proceed In Forma Pauperis By a Prisoner and the form for a civil rights complaint.


Summaries of

Diaz v. Sisto

United States District Court, E.D. California
May 28, 2008
No. CIV S-08-0905 GEB GGH P (E.D. Cal. May. 28, 2008)
Case details for

Diaz v. Sisto

Case Details

Full title:ANGEL DIAZ, Petitioner, v. WARDEN D.K. SISTO, et al., Respondents

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

Date published: May 28, 2008

Citations

No. CIV S-08-0905 GEB GGH P (E.D. Cal. May. 28, 2008)