Abram v. Allen et al

Filing 3

ORDER directing Mr. Abram to file a request to proceed in forma pauperis with a certificate that meets requirements or pay the $5.00 filing fee to the Court within thirty days of entry of this Order. It is further ordered that Mr. Abram amend his petition to verify that he is currently in custody because of a state court Judgment. He must amend his petition within thirty days of the entry of this Order. Signed by Magistrate Judge Beth Deere on 9/30/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
STACY S. ABRAM, IV
VS.

PETITIONER
CASE NO.: 3:13CV00212 DPM/BD

RAY HOBBS, Director,
Arkansas Department of Correction, et al.

RESPONDENT

ORDER
Petitioner Stacy S. Abram, IV, filed a pro se petition for a writ of habeas corpus
under 28 U.S.C. § 2254. (docket entry #2) He also filed a motion to proceed in forma
pauperis, but his motion does not comply with statutory requirements. 28 U.S.C.
§ 1915(a)(2). If he wishes to proceed with this case, Mr. Abram must file a request to
proceed in forma pauperis with a certificate that meets those requirements or pay the
$5.00 filing fee to the Court within thirty days of entry of this Order. Failure to comply
with this Order will result in dismissal of this action under Local Rule 5.5(c)(2) and the
Federal Rules of Civil Procedure.
It appears from the petition that Mr. Abram is not in state custody.1 This Court can
entertain a petition for writ of habeas corpus only on behalf of persons who are in custody
based on a state court judgment. 28 U.S.C. § 2254(a). Mr. Abram must amend his
petition to verify that he is currently in custody because of a state court judgment. He
must amend his petition within thirty days from the entry of this Order.

1

Mr. Abram alleges that he is in custody, but it appears from the addresses and
allegations in the petition itself that he is not actually in custody, but rather faces future
custody.

DATED this 30th day of September, 2013.

____________________________________
UNITED STATES MAGISTRATE JUDGE

2