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Joseph S. Duran, Iii v. Unknown

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


April 18, 2013

JOSEPH S. DURAN, III., PETITIONER,
v.
UNKNOWN, RESPONDENT.

The opinion of the court was delivered by: Carolyn K. Delaney United States Magistrate Judge

ORDER

Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of certiorari in which he challenges a decision by the California Supreme Court upholding his criminal conviction and sentence. (Dkt. No. 2.) He has also filed a motion to proceed in forma pauperis with his petition for certiorari. (Dkt. No. 3.) Although apparently intended for the Supreme Court of the United States, both filings are in this district.

A petition for writ of certiorari is properly filed in the Supreme Court of the United States. See Rules of the Supreme Court of the United States, Rule 13. In the event that petitioner wishes to file a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254*fn1 , the undersigned will direct the Clerk of Court to send him the form used in this district for a petition for writ of habeas corpus along with the form used in this district to proceed in forma pauperis.

Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner's motion for extension of time to file a writ of certiorari (Dkt. No. 1) is denied as inapposite;

2. Petitioner's motion to proceed in forma pauperis (Dkt. No. 3) is dismissed without prejudice;

3. The Clerk of the Court is directed to send petitioner an Application to Proceed In Forma Pauperis By a Prisoner;

4. The Clerk of Court is directed to send petitioner the form used by this district for a petition for writ of habeas corpus;

5. Petitioner shall submit, within thirty days from the date of this order, a completed application to proceed in forma pauperis. Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.

6. Petitioner shall inform the court, within thirty days from the date of this order, whether he wishes to proceed with a petition for habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner's failure to comply with this order will result in a recommendation that this action be dismissed without prejudice.


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