(HC) Sifuentez v. Unknown

[7] 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA [10] 11 RANDY SIFUENTES, Case No. 2:21-cv-01244-JDP (HC) 12 Petitioner, ORDER DIRECTING MR. SIFUENTES TO SUBMIT A PETITION FOR WRIT OF 13 v. HABEAS CORPUS AND EITHER THE FILING FEE OR AN APPLICATION TO 14 UNKNOWN, PROCEED IN FORMA PAUPERIS 15 Respondent. [16] 17 Randy Sifuentes is a state prisoner without counsel. This action was opened when he 18 submitted to the court a motion for a ninety-day extension of time to file a petition for a writ of 19 habeas corpus. ECF No. 1. Mr. Sifuentes has not properly commenced a civil action. 20 To commence a civil action, a party is required to file a complaint or a petition. Fed. R. 21 Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202 , 203 22 (2003). Challenges to the validity of confinement or the duration of confinement are properly 23 brought in a habeas action. If Mr. Sifuentes intends to commence a federal habeas action, he 24 must file a signed petition stating his grounds for relief. All petitions for writs of habeas corpus 25 must be filed on the proper form, which the court will provide to Mr. Sifuentes. E.D. Cal. L.R. 26 Cal. 190 (b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. In addition, Mr. Sifuentes 27 must either pay the $5 filing fee or submit a complete application for leave to proceed in forma 28 pauperis. Until he files a signed petition and either pays the filing fee or a completed application 1 | to proceed in forma pauperis, there is no case before the court. 2 Accordingly, it is hereby ORDERED that: 3 1. The Clerk of the Court shall send Mr. Sifuentes the court’s form petition for a writ of 4 | habeas corpus and an application to proceed in forma pauperis. 5 2. Mr. Sifuentes shall submit, within thirty days of the date of this order, a signed petition 6 | for writ of habeas corpus that states the grounds for relief. 7 3. Within thirty days of the date of this order, Mr. Sifuentes shall either submit the $5 8 | filing fee or a completed application to proceed in forma pauperis. 9 4. Failure to comply with this order may result in this case being closed. [10] Wl IT IS SO ORDERED. 12 ( ie — Dated: _ July 25, 2021 13 JEREMY D. PETERSON 4 UNITED STATES MAGISTRATE JUDGE