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Corona v. McDonald

United States District Court, E.D. California
Sep 14, 2010
No. CIV S-10-2255 GGH P (E.D. Cal. Sep. 14, 2010)

Opinion

No. CIV S-10-2255 GGH P.

September 14, 2010


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, together with a request to proceed in forma pauperis.

Fed.R.Civ.P 8 sets forth general rules of pleading in the federal courts. Complaints (and petitions) are required to set a forth (1) the grounds upon which the court's jurisdiction rests, (2) a short and plain statement of the claim showing entitlement to relief; and (3) a demand for the relief plaintiff seeks. The petition meets none of these requirements. Instead, petitioner has submitted an application for habeas relief that is almost entirely blank, giving no indication of petitioner's alleged grounds for relief or the supporting facts.

Petitioner is hereby notified that in order for this court to review his application, he must refile his petition, stating all relevant claims and providing the court with all necessary information, as indicated on the form provided.

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

1. Petitioner's application for writ of habeas corpus is dismissed with leave to amend within thirty days from the date of this order;

2. Any amended petition must be filed on the form employed by this court and must state all claims and prayers for relief on the form. It must bear the case number assigned to this action and must bear the title "Amended Petition";

3. The Clerk of the Court is directed to send petitioner the court's form for application for writ of habeas corpus; and

4. The court makes no ruling on petitioner's request to proceed in forma pauperis.

DATED: September 14, 2010


Summaries of

Corona v. McDonald

United States District Court, E.D. California
Sep 14, 2010
No. CIV S-10-2255 GGH P (E.D. Cal. Sep. 14, 2010)
Case details for

Corona v. McDonald

Case Details

Full title:ELEAZAR PINON CORONA, Petitioner, v. M.D. McDONALD, Respondent

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

Date published: Sep 14, 2010

Citations

No. CIV S-10-2255 GGH P (E.D. Cal. Sep. 14, 2010)