Alexander v. Uribe
Filing
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ORDER signed by Magistrate Judge Kendall J. Newman on 6/28/2011 ORDERING that Ptnr's 1 motion for extension of time is DENIED without prejudice. Ptnr is GRANTED 30 days to file a 2254 petition. Ptnr shall also submit, within 30 days, and IFP application. The Clerk to send Ptnr the form for filing a petition and the IFP application. Ptnr's 3 motion regarding the "copy limit" is DENIED. (Zignago, K.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DARRYL KEITH ALEXANDER,
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Petitioner,
No. 2:11-cv-1666 KJN P
vs.
DOMINGO URIBE, JR., Warden,
Respondent.
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ORDER
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Petitioner, a state prisoner at Centinela State Prison, has filed a document styled
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“motion for extension of time,” to file a petition for writ of habeas corpus. No other pleadings
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have been filed by the petitioner. In order to commence an action, petitioner must file a petition
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for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and
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petitioner must either pay the required filing fee or file an application requesting leave to proceed
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in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders
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granting or denying relief until an action has been properly commenced. Therefore, petitioner’s
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motion will be denied without prejudice. Petitioner will be provided the opportunity to file his
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petition, and to submit an application requesting leave to proceed in forma pauperis or to submit
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the appropriate filing fee.
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Petitioner has also filed a motion directing prison officials to “exceed” the fifty
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page copy limit. Apparently, petitioner wishes to file a pleading in this court that exceeds fifty
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pages. Petitioner does not state by how many pages he wishes to exceed the fifty page limit. Nor
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does petitioner describe the “excess” documents of which he seeks copies. For these reasons,
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this motion is denied.
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In accordance with the above, IT IS HEREBY ORDERED that:
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1. Petitioner’s June 20, 2011 motion for extension of time (Dkt. No. 1) is denied
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without prejudice;
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2. Petitioner is granted thirty days from the date of service of this order to file a
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petition that complies with the requirements of the Rules Governing Section 2254 Cases, the
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Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the
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docket number assigned this case; petitioner must file an original and two copies of the petition.
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3. Petitioner shall also submit, within thirty days from the date of this order, the
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application to proceed in forma pauperis on the form provided by the Clerk of Court, or the filing
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fee in the amount of $5.00. Petitioner’s failure to comply with this order will result in a
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recommendation that this matter be dismissed.
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4. The Clerk of the Court is directed to send petitioner the court’s form for filing
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a petition for writ of habeas corpus and the application to proceed in forma pauperis by a
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prisoner.
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5. Petitioner’s motion regarding the “copy limit” (Dkt. No. 3) is denied.
DATED: June 28, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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alex1666.nopetition
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