SAGE v. SECRETARY DEPARTMENT OF CORRECTIONS et al

Filing 6

ORDER re 1 Petition for Writ of Habeas Corpus: Clerk shall send Petitioner a blank 28 U.S.C. §2241 petition form and an application for leave to proceed IFP. Petitioner shall file amended petition w/2 identical service copies and either pay $5.00 filing fee or file IFP application. (Amended Pleadings due by 3/30/2012., Fee due by 3/30/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 2/29/2012. (jws)(Forms to Petitioner per order.)

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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
GAINESVILLE DIVISION
SEAN M SAGE,
Petitioner,
v.

CASE NO. 1:12-cv-47-MP-GRJ

SECRETARY, DOC, et al.,
Respondents.
_____________________________/
ORDER
This matter is before the Court on Doc. 1, a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. This action was filed in the Middle District of Florida and
pursuant to an order dated February 27, 2012 the case was transferred to this district.
The docket does not reflect that Petitioner has either paid the $5.00 filing fee or filed a
motion for leave to proceed as a pauper. Additionally, the Petitioner did not file his
petition on the Court’s form for state prisoners and attempts to bring this action
pursuant to 28 U.S.C. § 2254. However, because Petitioner challenges the computation
of his gain time the action must be brought under 28 U.S.C. § 2241. Accordingly,
Petitioner must file an amended petition on the correct form and further consideration of
the petition will be deferred until payment is received or Petitioner is granted leave to
proceed as a pauper.
Accordingly, it is ORDERED AND ADJUDGED that:
1 The Clerk shall send Petitioner a blank 28 U.S.C § 2241 petition form and an
application for leave to proceed as a pauper.
2. Petitioner shall have until on or before March 30, 2012, to either file an
application for leave to proceed as a pauper or to pay the $5.00 filing fee.

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3. Petitioner shall have until on or before March 30, 2012, to file his amended
petition on the proper forms, along with two identical service copies.
4. Failure to comply with this order as instructed, or to show cause as to
why Petitioner is unable to comply, may result in the dismissal of this case
for failure to prosecute and failure to comply with an order of this court.
DONE AND ORDERED this 29th day of February 2012.

s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge

Case No: 1:12-cv-47-MP-GRJ