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16-1060 - (PC) Gary v. Department of Corrections et al


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16-1060 - (PC) Gary v. Department of Corrections et al
April 13, 2017
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ORDER signed by Magistrate Judge Allison Claire on 4/13/2017 GRANTING plaintiff's 4 application to proceed IFP; however, no fee will be imposed until it is determined whether and how this action shall proceed. Plaintiff shall, within 21 days, file a statement informing the court whether he wishes to proceed with this action under 28 U.S.C. ยง 2254, or to voluntarily dismiss this action without prejudice pursuant to Fed.R.Civ.P. 41(a). If plaintiff wishes to proceed, he shall also submit, within 21 days, a completed petition for writ of habeas corpus. The Clerk shall send plaintiff an form to file a petition for writ of habeas corpus. (Yin, K)