IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 10, 2013
HELEN SOPHIA PURDY, PETITIONER,
BUTTE COUNTY SUPERIOR COURT, ET AL., RESPONDENTS.
Petitioner, a former inmate, apparently seeks to challenge a judgment of conviction entered against her in the Butte County Superior Court following her guilty plea pursuant to a plea agreement. Petitioner has paid the filing fee for a federal habeas action. However, although petitioner has filed hundred of pages of documents concerning her conviction, she has not filed a federal petition for a writ of habeas petition pursuant to 42 U.S.C. § 2254. Therefore, the court will order petitioner to file her federal petition using the form provided by the Clerk of the Court.*fn1 Because of the excessive nature of petitioner's filings in this action, she will also be prohibited from filing with this court any documents or exhibits other than the required petition and attachments thereto until further order of this court.
In accordance with the above, IT IS HEREBY ORDERED that:
1. Petitioner is granted thirty days from the date of service of this order to file a petition for a writ of habeas corpus that complies with the requirements of the Rules Governing Section 2254 Cases, the Federal Rules of Civil Procedure, and the Local Rules of Practice; the petition must bear the docket number assigned this case; petitioner must use the form petition provided by the Clerk of the Court; petitioner must answer each question in the form petition. Petitioner shall also attach to the petition, if available, a copy of any petition for review and/or habeas petition filed with the California Supreme Court on her behalf. Petitioner's failure to comply with this order will result in a recommendation that this matter be dismissed;
2. Petitioner shall not file any other documents or exhibits in this action until further order of the court; and
3. The Clerk of the Court is directed to provide petitioner with a copy of the court's form for filing a § 2254 petition for writ of habeas corpus.