Hernandez

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 8 FRANCISCO HERNANDEZ, Case No.: 20-cv-01790-BAS-RBM

Petitioner, ORDER DISMISSING CASE

WITHOUT PREJUDICE

v.

UNKNOWN,

12 Respondent. 13 Petitioner, a state prisoner proceeding pro se, has submitted a letter indicating his intent to file a federal habeas petition and requesting an extension of time in which to file a petition, which has been docketed as a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (ECF No. 1.) A Petition for Writ of Habeas Corpus must be submitted upon a court-approved form and in accordance with the instructions approved by the Court. See Rule 2(c), 28 U.S.C. foll § 2254; see also Civ. L.R. HC.2(b). In this case, Petitioner has submitted a letter indicating his intent to file a federal habeas petition and an accompanying request for extension of time but has not submitted a petition, much less a petition on a court-approved form. Therefore, unless Petitioner is a capital prisoner, he has not initiated habeas proceedings in this…