Spearman
(PC) Knight v. Spearman
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CLARENCE VINSON KNIGHT, No. 2:19-cv-01183 TLN GGH P Plaintiff, v. ORDER MARION E. SPEARMAN, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). Upon review of the petition, it appears plaintiff is seeking to set forth civil rights claims pursuant to 42 U.S.C. § 1983 instead of a habeas action. For the reasons stated below, the undersigned will grant plaintiff leave to file an amended complaint that complies with the requirements of the Civil Rights Act, the Federal Rules of Civil Procedure, and the Local Rules of Practice. In Forma Pauperis Application The filing fee for civil actions is $400. Here, plaintiff has not filed an in forma pauperis //// //// affidavit or paid the required filing fee of $350.00 plus the $50.00…