(HC) Randall v. RJ Donovan Correctional Facility

Good Law
United States District Court, Eastern District of CaliforniaOctober 3, 20232:23-cv-01480California384 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 VIRGIL DOUGLAS RANDALL, No. 2:23-cv-1480 DAD KJN P Petitioner, v. ORDER AND FINDINGS &

RECOMMENDATIONS

RICHARD J. DONOVAN

CORRECTIONAL FACILITY,

15 Respondent.

17 By order filed August 1, 2023, petitioner’s application for writ of habeas corpus was dismissed, and he was granted thirty days leave to file an amended petition and to submit an affidavit in support of his request to proceed in forma pauperis or the appropriate court filing fee. On September 12, 2023, it was recommended that the action be dismissed based on petitioner’s failure to file an amended petition and failure to file an application to proceed in forma pauperis or pay the court’s filing fee. (ECF No. 7.) On that same day, petitioner’s amended petition was docketed. (ECF No. 6.) Therefore, the prior recommendations are vacated. However, petitioner has not filed an affidavit or paid the filing fee. The court is unable to address the amended petition until…

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