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James Carl Powell v. Frank Chavez

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


March 7, 2011

JAMES CARL POWELL, PETITIONER,
v.
FRANK CHAVEZ, RESPONDENT.

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, together with an application to proceed in forma pauperis.

Examination of the in forma pauperis application reveals that petitioner is unable to afford the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a).

Rule 2(c) of the Rules Governing Section 2254 Cases requires that the petition for writ of habeas corpus be signed under penalty of perjury by the petitioner. Petitioner's habeas petition is not signed. Therefore, the court will order petitioner to file an amended petition using the form provided by the Clerk of the Court, and to sign his amended petition.

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

1. Petitioner's February 16, 2011 application to proceed in forma pauperis (Doc. No. 4), is granted;

2. Petitioner's petition for a writ of habeas corpus, filed February 15, 2011, is dismissed;

3. Petitioner is granted thirty days from the date of service of this order to file an amended petition that complies with the requirements of the Federal Rules of Civil Procedure; the amended petition must bear the docket number assigned this case and must be labeled "Amended Petition;" petitioner must use the form petition provided by the Clerk of the Court; petitioner's failure to file an amended petition in accordance with this order will result in the dismissal of this action; and

4. The Clerk of the Court is directed to provide petitioner with the court's form petition for a writ of habeas corpus by a state prisoner.

DAD:4 pow0422.9

20110307

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