Georgacarakos v. Wiley et al

Filing 488

MINUTE ORDER denying without prejudice 481 Plaintiff's Motion for Court to Review Criminal Conviction Inextricably Linked to this Civil Action, by Magistrate Judge Michael E. Hegarty on 01/28/09.(wjc, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 07-cv-01712-MSK-MEH PETER GEORGACARAKOS, Plaintiff, v. WILEY, et al., Defendants. MINUTE ORDER Entered by Michael E. Hegarty, United States Magistrate Judge, on January 28, 2009. Plaintiff's Motion for Court to Review Criminal Conviction Inextricably Linked to this Civil Action [filed January 21, 2009; docket #481] is denied without prejudice.1 Pursuant to Rule 1(b) of the Rules Governing Section 2254 cases, the district court may apply any or all of the rules applicable to a § 2254 habeas petition to other habeas petitions, such as those pursuant to § 2241. Rule 3 requires that the original petition be filed with the clerk and accompanied either by a filing fee or a motion for leave to proceed in forma pauperis. D.C. Colo. LCivR 8.2 requires that all pro se prisoners shall use the forms established by this Court to file an action. Therefore, if Plaintiff wishes to proceed with his § 2241 action, he shall complete and file an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 with the Court. Furthermore, if he desires to proceed in forma pauperis, the Plaintiff shall complete and file with the Court a Prisoner's Motion and Affidavit. In the alternative, he may pay the $5.00 filing fee in full. The Clerk of the Court shall mail to the Plaintiff two copies of the following forms: Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241; Prisoner's Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § in a Habeas Action.

See, e.g., Adams v. Wiley, 2008 WL 4746794, *2 (10th Cir. Oct. 30, 2008) (finding that a magistrate judge may determine that a motion is improperly filed and order the petitioner to use the proper forms to file the motion).
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