(HC) McKenna v. Unknown

E.D. California

(HC) McKenna v. Unknown

DecidedOctober 6, 2020

Docket2:20-cv-01940

StatusUnknown

This text of (HC) McKenna v. Unknown ((HC) McKenna v. Unknown) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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(HC) McKenna v. Unknown, (E.D. Cal. 2020).

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wOASe 2 EUV EMMITT IR ee AY tv 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | TIMOTHY PATRICK MCKENNA, No. 2:20-cv-1940-JDP P 12 Petitioner, 13 V. ORDER 14 | UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner without counsel, has filed a letter seeking legal advice from the 18 | Clerk of the Court regarding his habeas proceedings in state court. ECF No. 1. The Clerk cannot 19 || provide such advice. If, however, petitioner intends to commence a federal habeas action, he 20 || must file a signed petition stating his grounds for relief. Fed. R. Civ. P. 3; Rule 3, Rules 21 Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). All petitions for writs 22 || of habeas corpus must be filed on the proper form, which the court will provide to petitioner. 23 || L.R. 190(b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. 24 Accordingly, it is hereby ORDERED that the Clerk of the Court shall send to petitioner 25 || the court’s form for application for writ of habeas corpus. Within 30 days of the date of this order, 26 || petitioner shall file a petition for writ of habeas corpus. Failure to comply with this order may 27 || result in this case being closed. 28 | DATED: October 5, 2020

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wOASe 2 EUV EMMITT IR ee AY tv 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | TIMOTHY PATRICK MCKENNA, No. 2:20-cv-1940-JDP P 12 Petitioner, 13 V. ORDER 14 | UNKNOWN, 15 Respondent. 16 17 Petitioner, a state prisoner without counsel, has filed a letter seeking legal advice from the 18 | Clerk of the Court regarding his habeas proceedings in state court. ECF No. 1. The Clerk cannot 19 || provide such advice. If, however, petitioner intends to commence a federal habeas action, he 20 || must file a signed petition stating his grounds for relief. Fed. R. Civ. P. 3; Rule 3, Rules 21 Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). All petitions for writs 22 || of habeas corpus must be filed on the proper form, which the court will provide to petitioner. 23 || L.R. 190(b); see also Rule 2(c)-(d), Fed. R. Governing § 2254 Cases. 24 Accordingly, it is hereby ORDERED that the Clerk of the Court shall send to petitioner 25 || the court’s form for application for writ of habeas corpus. Within 30 days of the date of this order, 26 || petitioner shall file a petition for writ of habeas corpus. Failure to comply with this order may 27 || result in this case being closed. 28 | DATED: October 5, 2020

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