(HC) Taylor v. Sisto et al Doc.

Case 2:07-cv-02427-MCE-DAD Document 3 Filed 11/19/2007 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 JAMES TAYLOR,

11 Petitioner, No. CIV S 07-2427 MCE DAD P

12 vs.

13 D.K. SISTO, et al.,

14 Respondents. ORDER

15 /

16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of

17 habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma

18 pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a).

19 Petitioner will be provided the opportunity to either submit the appropriate affidavit in support of

20 a request to proceed in forma pauperis or submit the appropriate filing fee.

21 The petition pending before the court is defective in several respects. In this

22 regard, petitioner has not answered all the questions in the form petition but rather has merely

23 attached to the form copies of his state habeas petitions, the state court rulings on his state

24 petitions, the transcripts of his August 17, 2006 parole consideration hearing and February 27,

25 2002 parole decision, as well as other documents. Accordingly, the court will dismiss the

26 petition and grant petitioner leave to file an amended petition for a writ of habeas corpus.

Dockets.Justia.com
 Case 2:07-cv-02427-MCE-DAD Document 3 Filed 11/19/2007 Page 2 of 2

1 Petitioner is informed that in his amended federal habeas petition he must raise only claims based

2 on federal law and the U.S. Constitution and should not include claims based solely on alleged

3 violation of California law.

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

5 1. Petitioner shall submit, within thirty days from the date of service of this order,

6 an affidavit in support of his request to proceed in forma pauperis or the appropriate filing fee;

7 2. Petitioner’s petition, filed on November 13, 2007, is dismissed;

8 3. Within thirty days from the date of service of this order, petitioner shall file an

9 amended petition for a writ of habeas corpus that complies with the requirements of the Federal

10 Rules of Civil Procedure; the amended petition must bear the docket number assigned this case

11 and must be labeled “Amended Petition;” petitioner must use the form petition provided by the

12 court;

13 4. Petitioner’s failure to comply with this order will result in a recommendation

14 that this action be dismissed; and

15 5. The Clerk of the Court is directed to send petitioner a copy of the in forma

16 pauperis form and the form petition for a writ of habeas corpus that is used by this district.

17 DATED: November 16, 2007.

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