(HC) Simms v. Lynch

Good Law
United States District Court, Eastern District of CaliforniaJanuary 22, 20212:21-cv-00035California482 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT LEE SIMMS, Case No. 2:21-cv-00035-JDP (HC) Petitioner, ORDER DENYING WITHOUT PREJUDICE

PETITIONER’S MOTION FOR AN

v. EXTENSION OF TIME UNKNOWN, ECF No. 1. Respondent. 16 Petitioner, a state prisoner proceeding without counsel, has filed a motion for an extension of time to file a petition for writ of habeas corpus. ECF No. 1. No other documents have been filed. To commence a civil action, a party is required to file a complaint or a petition, and he or she must either pay the required filing fee or submit an application to proceed in forma pauperis. Fed. R. Civ. P. 3; Rule 3, Rules Governing § 2254 Cases; 28 U.S.C. §§ 1914(a), 1915(a); see Woodford v. Garceau, 538 U.S. 202, 203 (2003). Petitioner’s filing does not constitute a petition, and he has not paid the filing fee nor submitted an application to proceed in forma pauperis. Accordingly, petitioner has not properly commenced…

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