Durden v. U.S.D.A. Region #5 et al
Filing
7
ORDER signed by Magistrate Judge Gregory G. Hollows on 11/22/11 ORDERING that the Clerk of the Court shall reclassify this case as a civil rights action pursuant to 42 U.S.C. § 1983 and send to plaintiff a copy of the in forma pauperis form used by this district. Petitioner shall submit, within 28 days from the date of this order a completed in forma pauperis application. (Dillon, M)
<![CDATA[
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
LARRY F. DURDEN,
Petitioner,
12
No. CIV S-11-2866 GGH P
vs.
13
14
U.S.D.A. REGION #5, et al.,
15
Respondents.
ORDER
/
16
Petitioner, a state prisoner proceeding pro se, has purportedly filed an application
17
18
for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, though petitioner has not filed an
19
application to proceed in forma pauperis. However, after reviewing the filing, it is not clear
20
what petitioner has filed. The filing is vague, rambling and incoherent and the named
21
defendants, El Dorado National Forest, Lake Tahoe Basin Management, and a fire resource
22
officer are not the proper respondents for a habeas petition.
23
This action will be reclassified as a civil rights action pursuant to 42 U.S.C.
24
§ 1983 and plaintiff will be given an opportunity to file an application to proceed in forma
25
pauperis.
26
///
1
1
In accordance with the above, IT IS HEREBY ORDERED that:
2
1. The Clerk of the Court shall reclassify this case as a civil rights action
3
pursuant to 42 U.S.C. § 1983 and send to plaintiff a copy of the in forma pauperis form used by
4
this district.
2. Petitioner shall submit, within twenty-eight days from the date of this order a
5
6
completed in forma pauperis application. Petitioner's failure to comply with this order will result
7
in the dismissal of this action.
8
DATED: November 22, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
9
10
11
GGH: AB
durd2866.ifp
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2
]]>
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?
