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Williams v. Felker

United States District Court, E.D. California
May 27, 2008
No. CIV S-08-0878 LKK GGH P (E.D. Cal. May. 27, 2008)

Opinion

No. CIV S-08-0878 LKK GGH P.

May 27, 2008


ORDER


Petitioner, a state prisoner proceeding pro se, 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). 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.

In addition, after reviewing the petition it is not clear what claim petitioner is trying to raise. It appears that petitioner may be challenging a prison regulation limiting the number of administrative appeals inmates may file. Such a claim does not challenge the validity of petitioner's conviction or sentence, as required by 28 U.S.C. § 2254. Rather, such a claim challenges a condition of confinement and should be raised in a civil rights action pursuant to 42 U.S.C. § 1983.

So that petitioner may clarify the claims he is raising, the petition is dismissed with leave to amend. Rule 4, Rules Governing Section 2254 Cases. If petitioner is challenging a condition of confinement rather than the legality of his conviction or sentence, he should file a civil rights complaint.

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; petitioner's failure to comply with this order will result in the dismissal of this action; and

2. The petition is dismissed with thirty days to file an amended petition; petitioner should file a complaint rather than an amended petition if he raises claims challenging the conditions of his confinement;

3. The Clerk of the Court is directed to send petitioner a copy of the in forma pauperis form used by this district.

APPLICATION TO PROCEED IN FORMA PAUPERIS BY A PRISONER

28 U.S.C. § 1915 Have the institution fill out the Certificate portion of this application. and CERTIFICATE

I, _____________________________________, declare that I am the petitioner in the above-entitled proceeding; that, in support of my request to proceed without prepayment of fees under , I declare that I am unable to pay the fees for these proceedings or give security therefor and that I am entitled to the relief sought in the petition. In support of this application, I answer the following questions under penalty of perjury: 1. Are you currently incarcerated: Yes No (If "No" DO NOT USE THIS FORM) If "Yes" state the place of your incarceration. __________________________________ 2. Are you currently employed? Yes No a. If the answer is "Yes" state the amount of your pay. b. If the answer is "No" state the date of your last employment, the amount of your take-home salary or wages and pay period, and the name and address of your last employer. 3. In the past twelve months have you received any money from any of the following sources? a. Business, profession or other self-employment Yes No b. Rent payments, interest or dividends Yes No c. Pensions, annuities or life insurance payments Yes No d. Disability or workers compensation payments Yes No e. Gifts or inheritances Yes No f. Any other sources Yes No If the answer to any of the above is "Yes" describe by that item each source of money and state the amount received what you expect you will continue to receive. Please attach an additional sheet if necessary. 4. Do you have cash or checking or savings accounts? Yes No If "Yes" state the total amount: ____________________ 5. Do you own any real estate, stocks, bonds, securities, other financial instruments, automobiles or other valuable property? Yes No If "Yes" describe the property and state its value. ________________________________ 6. Do you have any other assets? Yes No If "Yes" list the asset(s) and state the value of each asset listed. 7. List the persons who are dependent on you for support, state your relationship to each person and indicate how much you contribute to their support. I declare under penalty of perjury that the above information is true and correct. _______________________ _______________________________________________________ DATE SIGNATURE OF APPLICANT (To be completed by the institution of incarceration) I certify that the applicant named herein has the sum of $__________ on account to his/her credit at _____________________________________________ (name of institution). I further certify that during the past six months the applicant's average monthly balance was $____________. I further certify that during the past six months the average of monthly deposits to the applicant's account was $__________. _______________________ _______________________________________________________ DATE SIGNATURE OF APPLICANT


Summaries of

Williams v. Felker

United States District Court, E.D. California
May 27, 2008
No. CIV S-08-0878 LKK GGH P (E.D. Cal. May. 27, 2008)
Case details for

Williams v. Felker

Case Details

Full title:KIRK DOUGLAS WILLIAMS, Petitioner, v. T. FELKER, et al., Respondents

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

Date published: May 27, 2008

Citations

No. CIV S-08-0878 LKK GGH P (E.D. Cal. May. 27, 2008)