Unknown

(PC) Tobin v. Unknown

Good Law
United States District Court, Eastern District of CaliforniaAugust 18, 20202:20-cv-01598California685 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES M. TOBIN, No. 2:20-cv-1598-EFB P Plaintiff, v. ORDER UNKNOWN, Defendant. 16 James M. Tobin is a state prisoner proceeding without counsel. This action was opened when he submitted to the court an unsigned letter. ECF No. 1. Mr. Tobin has not property commenced a civil action. Until Mr. Tobin submits a signed petition or a signed complaint and either pays the filing fee or meets the requirements of 28 U.S.C. § 1915(a), there is simply no case before the court. To commence a civil action, a party is required to file a complaint or a petition. Fed. R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; Woodford v. Garceau, 538 U.S. 202, 203 (2003). Federal courts offer two main avenues to relief on complaints related to one’s imprisonment – a petition for habeas corpus pursuant to 28 U.S.C. § 2254, and a civil rights complaint pursuant to 42 U.S.C. § 1983. Challenges to the validity of one’s confinement or…

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