Livingston v. Payne

Filing 3

ORDER denying as moot 1 Motion for Leave to Proceed in forma pauperis; directing Mr. Livingston to complete a petition under 28 U.S.C. § 2254, along with an updated in forma pauperis motion or pay the $5.00 filing fee within 30 days of this Order; and directing the Clerk of Court to immediately forward to Mr. Livingston a copy of this Order, form AO 241, and an in forma pauperis application. Signed by Magistrate Judge Jerome T. Kearney on 7/6/2023. (ldb)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
CHARLES LIVINGSTON
ADC #098807
V.

PETITIONER
CASE NO. 4:23-cv-00611-BRW-JTK

DEXTER PAYNE
Director, ADC

RESPONDENT
ORDER

Pending before the Court is Petitioner Charles Livingston’s Motion for Leave to Proceed
in forma pauperis. (Doc. No. 1) Aside from his motion, the only other docketed item is a Notice
of Appeal to the Eighth Circuit regarding his state conviction of second-degree sexual assault.
(Doc. No. 2) It appears that Mr. Livingston is requesting to proceed without prepayment of fees in
his appellate case, which is a determination to be made by the appropriate appellate court.
However, this Court is unsure as to Mr. Livingston’s intention because the case is styled as a
habeas corpus action despite the absence of a petition under 28 U.S.C. § 2254.
Due to the uncertainty and confusion, the Court directs Mr. Livingston to complete a
petition under 28 U.S.C. § 2254—the equivalent of form AO 241—if he wishes to pursue a habeas
case. Along with his petition, he should either file an updated in forma pauperis motion or pay the
$5.00 filing fee within 30 days 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. The Clerk of Court is hereby directed to
immediately forward to Mr. Livingston a copy of this Order, form AO 241, and an in forma
pauperis application. Accordingly, Mr. Livingston’s currently pending motion (Doc. No. 1) is
denied as moot.

IT IS SO ORDERED this 6th day of July, 2023.

____________________________________
JEROME T. KEARNEY
UNITED STATES MAGISTRATE JUDGE