Opinion
3:12-cv-00211-LRH-WGC
06-11-2012
ANTHONY MICHAEL MARCELLI, Petitioner, v. GREG COX, et al., Respondents.
ORDER
This action is a pro se petition for a writ of habeas corpus filed by Anthony Michael Marcelli, a Nevada state prisoner. First, petitioner's application to proceed in forma pauperis (ECF #8) is granted. Next, he completed a form for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, however, he appears to be in state custody pursuant to a state-court judgment. Accordingly, petitioner shall complete a new petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2554, on the court-approved form. LSR 2-1 (requiring plaintiffs appearing in pro se to file all of their complaints and petitions on the court's approved forms).
IT IS THEREFORE ORDERED that plaintiff's application to proceed in forma pauperis (ECF #8) is GRANTED.
IT IS FURTHER ORDERED that within thirty (30) days of the date of entry of this order, petitioner shall file a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 on the court-approved form.
IT IS FURTHER ORDERED that the Clerk shall SEND to petitioner (1) the approved form for a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and (2) the document "Information and Instructions for filing a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that failure to comply with this order may result in dismissal of this action.
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LARRY R. HICKS
UNITED STATES DISTRICT JUDGE