Whitehead v. Roger et al

Filing 5

ORDER: Plaintiff's Motion for Miscellaneous Relief requesting release from the custody of the State of Florida 4 is STRICKEN. The Clerk is directed to send Plaintiff a copy of the form "Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody." Signed by Judge James S. Moody, Jr on 7/15/2015. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

WILLIE FRANK WHITEHEAD, JR.,
Plaintiff,
v.

Case No: 8:14-cv-1060-T-30EAJ

ALCOTT ROGER, et al.,
Defendants.
________________________________/

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Demand for
Release [from] State of Florida Custody (Doc. 4). Plaintiff previously filed a complaint
pursuant to 42 U.S.C. § 1983, which was dismissed without prejudice and this case was
closed. Because the present motion is filed in a closed case, it should be stricken.
Furthermore, it is difficult to discern from Plaintiff’s motion precisely the claims he
intends to raise. But since Plaintiff requests release from the custody of the State of Florida,
any such relief would be more appropriately pursued by filing a motion for habeas relief
pursuant to 28 U.S.C. § 2254. The Court will therefore direct the Clerk to send Plaintiff a
copy of the form “Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person
in State Custody.” The Court does not suggest, however, that any such petition would have
merit.

Accordingly, it is therefore ORDERED AND ADJUDGED that:
1. Plaintiff’s Motion for Miscellaneous Relief requesting release from the custody
of the State of Florida (Doc. 4) is STRICKEN.
2. The Clerk is directed to send Plaintiff a copy of the form “Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody.”
DONE and ORDERED in Tampa, Florida, this 15th day of July, 2015.

Copies furnished to:
Counsel/Parties of Record

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