(HC) Gibson v. State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRITTANY RENEE GIBSON, No. 2:22-cv-0844 KJN P Petitioner, v. ORDER STATE OF CALIFORNIA, Respondent. 16 Petitioner, a state prisoner at Central California Women’s Facility, filed a document seeking an extension of time to file a petition for writ of habeas corpus and appointment of counsel. Petitioner filed no other pleadings. In order to commence an action, petitioner must file a petition for writ of habeas corpus as required by Rule 3 of the Rules Governing Section 2254 cases, and petitioner must either pay the required filing fee or file an application requesting leave to proceed in forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The court will not issue any orders granting or denying relief until an action is properly commenced. Therefore, petitioner’s motion is denied without prejudice. Unless petitioner files a petition and submits an application requesting leave to proceed in forma pauperis or submits the…