WOOD v. MCNEIL

Filing 4

ORDER re 1 Petition for Writ of Habeas Corpus filed by ADRIAN JAMES WOOD - - 1. Clerk shall send petitioner a copy of Section 2254 form w/this case number written on it. - 2. Petitioner shall have thirty (30) days from docketing date of this order to file Amended Habeas Petition, along with two (2) service copies. - - (Amended Pleadings due by 8/30/2010.)- - - Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on July 30, 2010.- - (2254 form to petitioner) (cbj)

-EMT WOOD v. MCNEIL

Doc. 4

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION ADRIAN JAMES WOOD, Petitioner, vs. WALT McNEIL, Respondent. ______________________________/ ORDER Petitioner has filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). The filing fee has been paid. The court notes that Petitioner failed to file his petition on the court-approved forms for use in section 2254 cases. Local Rule 5.1(J) for the Northern District of Florida states that the court will not accept for consideration an application for writ of habeas corpus under section 2254 unless the appropriate petition form is properly completed and filed. Thus, Petitioner must file an amended petition on the form for use in section 2254 cases. Petitioner is advised that the amended petition must contain all of his allegations, and it should not in any way refer to the original pleading. The amended petition completely replaces all previous petitions; when an amended petition is filed, all earlier petitions are disregarded. Local Rule 15.1, Northern District of Florida. Additionally, Petitioner must submit a complete copy for each named Respondent and for the Attorney General of the State of Florida. Therefore, Petitioner must submit two (2) complete copies of the amended petition. Accordingly, it is ORDERED: 1. The clerk shall send Petitioner a copy of the form for use in Section 2254 cases. This case number should be written on the form. Case No.: 5:10cv200/RS/EMT

Dockets.Justia.com

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2.

Petitioner shall have THIRTY (30) DAYS from the date of docketing of this order

in which to file an amended habeas petition, which shall be typed or clearly written, submitted on the court form, and marked "Amended Petition." Additionally, Petitioner shall provide two (2) service copies of the amended petition. 3. Petitioner's failure to submit the amended petition and service copies within THIRTY (30) DAYS from the date of docketing of this order may result in a recommendation that this case be dismissed. DONE AND ORDERED this 30th day of July 2010.

/s/ Elizabeth M. Timothy ELIZABETH M. TIMOTHY UNITED STATES MAGISTRATE JUDGE

Case No.: 5:10cv200/RS/EMT