BICKLEY v. BOWERSOX, 4:13-CV-1504-TIA. (2013)
Court: District Court, E.D. Missouri
Number: infdco20130806907
Visitors: 5
Filed: Aug. 05, 2013
Latest Update: Aug. 05, 2013
Summary: MEMORANDUM AND ORDER TERRY I. ADELMAN, Magistrate Judge. This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition is defective because it has not been filed on a court-provided form. See Local Rule 2.06(A). 1 Furthermore, petitioner has failed to properly initiate this case, because he has neither paid the $5 filing fee nor submitted a "Motion to Proceed In Forma Pauperis and Affidavit in Support — Habeas Cases." See 28
Summary: MEMORANDUM AND ORDER TERRY I. ADELMAN, Magistrate Judge. This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. The petition is defective because it has not been filed on a court-provided form. See Local Rule 2.06(A). 1 Furthermore, petitioner has failed to properly initiate this case, because he has neither paid the $5 filing fee nor submitted a "Motion to Proceed In Forma Pauperis and Affidavit in Support — Habeas Cases." See 28 ..
More
MEMORANDUM AND ORDER
TERRY I. ADELMAN, Magistrate Judge.
This matter is before the Court on petitioner's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition is defective because it has not been filed on a court-provided form. See Local Rule 2.06(A).1 Furthermore, petitioner has failed to properly initiate this case, because he has neither paid the $5 filing fee nor submitted a "Motion to Proceed In Forma Pauperis and Affidavit in Support — Habeas Cases." See 28 U.S.C. §§ 1914 -15.
Accordingly,
IT IS HEREBY ORDERED that, no later than thirty (30) days from the date of this Order, petitioner shall either pay the $5 filing fee or submit a "Motion to Proceed In Forma Pauperis and Affidavit in Support — Habeas Cases."
IT IS FURTHER ORDERED that petitioner must file an amended petition on the Court-provided form.
IT IS FURTHER ORDERED that the Clerk shall mail to petitioner (1) a copy of the Court's form "Motion to Proceed In Forma Pauperis and Affidavit in Support — Habeas Cases"; and (2) a copy of the Court's form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, this action will be dismissed without prejudice and without further notice to him.
FootNotes
1. The petition is also defective because it is unsigned. See Fed. R. Civ. P. 11. Petitioner must sign his amended petition before filing it with the Court.
Source: Leagle
