(HC) Miller v. Tuolumne County Superior Court

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DUSTIN LEON MILLER, ) Case No.: 1:20-cv-01039-JLT (HC) ) Petitioner, ) ORDER DISMISSING PETITION WITH LEAVE ) TO FILE A FIRST AMENDED PETITION v. ) ) [THIRTY-DAY DEADLINE] TUOLUMNE COUNTY SUPERIOR )

COURT,

Respondent. ) ) )

Petitioner filed a Petition for Writ of Habeas Corpus along with a letter on May 22, 2020 in the United States District Court for the Northern District of California. (Doc. 1.) On the same day, the clerk sent Petitioner a blank Petition for a Writ of Habeas Corpus form and a blank copy of the court’s Prisoner’s Application and Declaration to Proceed In Forma Pauperis. (Docs. 3, 4.) On July 8, 2020, Petitioner filed another letter, which appears to be a duplicate of the previously filed letter combined with the initially filed petition. (Doc. 8.) The Northern District transferred the petition to this Court on July 24, 2020. (Doc. 9.) The Petitioner’s initial…