SAGE v. SECRETARY DEPARTMENT OF CORRECTIONS et al
ORDER re 1 Petition for Writ of Habeas Corpus: Court's previous 6 order is WITHDRAWN. Clerk directed to send Petitioner a blank 28 U.S.C. §2254 petition form and application for IFP. Petitioner shall either file an application for IFP or pay $5.00 filing fee w/amended petition on proper forms w/2 identical service copies. (Amended Pleadings due by 4/2/2012., Fee due by 4/2/2012.). Signed by MAGISTRATE JUDGE GARY R JONES on 3/2/2012. (Forms to Petitioner per Order.)(jws)
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IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF FLORIDA
SEAN M SAGE,
CASE NO. 1:12-cv-47-MP-GRJ
SECRETARY, DOC, et al.,
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. 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 The Court’s previous order in this matter, Doc. 6, is WITHDRAWN. Petitioner
shall amend his petition in accord with the directions set forth herein.
2. The Clerk shall send Petitioner a blank 28 U.S.C § 2254 petition form and an
application for leave to proceed as a pauper.
3. Petitioner shall have until on or before April 2, 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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4. Petitioner shall have until on or before April 2, 2012, to file his amended
petition on the proper forms, along with two identical service copies.
5. 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 2nd day of March 2012.
s/Gary R. Jones
GARY R. JONES
United States Magistrate Judge
Case No: 1:12-cv-47-MP-GRJ
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