(HC) Sinclair v. Clark

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ALEXANDER SINCLAIR, No. 2:24-cv-00038-EFB (HC) Petitioner, v. ORDER LINDA CLARK, et al., Respondents. 16 17 Petitioner, a county jail prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner will be provided the opportunity to either submit the appropriate affidavit in support of a request to proceed in forma pauperis or submit the appropriate filing fee. Rule 2 of the Rules Governing Section 2254 Cases provides that the petition must clearly state the relief sought in the petition. Id. The Advisory Committee Notes to Rule 4 explains that “notice pleading is not sufficient, for the petition is expected to state facts that point to a real possibility of constitutional error.” Advisory Committee Notes to Rule 4; see…