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(HC) Gallon v. Galaza Doc.

Case 2:05-cv-01368-DFL-DAD Document 3 Filed 07/14/2005 Page 1 of 2

8 IN THE UNITED STATES DISTRICT COURT

9 FOR THE EASTERN DISTRICT OF CALIFORNIA

10 RAMA JAY GALLON,

11 Petitioner, No. CIV S-05-1368 DFL DAD P

12 vs.

13 A.K. SCRIBNER, Warden,

14 Respondent. ORDER

15 /

16 Petitioner, a state prisoner proceeding pro se, has filed a petition for writ of habeas

17 corpus attacking his 2001 criminal conviction in the Sacramento County Superior Court. The

18 petition received in this court on July 7, 2005, has been submitted on a state court form and is

19 captioned for filing in the Sacramento County Superior Court.

20 It appears that petitioner may have intended to mail his petition to the Sacramento

21 County Superior Court for the purpose of exhausting state court remedies on claims that were not

22 presented to the state courts on direct appeal. If the petition was mailed to this court in error,

23 petitioner may request that the petition be returned to him for mailing to the proper court. If

24 petitioner intends to proceed in federal court at this time, his petition must be submitted on a

25 federal habeas petition form. In order to proceed in this court, petitioner must also pay the

26 required filing fee or submit a properly completed application to proceed in forma pauperis.

Dockets.Justia.com
Case 2:05-cv-01368-DFL-DAD Document 3 Filed 07/14/2005 Page 2 of 2

1 IT IS HEREBY ORDERED that petitioner is granted fifteen days from the date of

2 this order to file either a request for the return of his habeas petition or a request for a federal

3 habeas petition form with an application for leave to proceed in forma pauperis.

4 DATED: July 13, 2005.

7 DAD:13
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