Buckelew v. Humphrey et al

Filing 4

ORDER that petitioner resubmithhis habeas petition on court approved forms. Signed by Judge Richard L. Hodge on 03/17/2006. (Hodge, Richard)

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Buckelew v. Humphrey et al Doc. 4 Case 1:06-cv-00042-WLS-RLH Document 4 Filed 03/17/2006 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ALBANY DIVISION : GREGORY HIRAM BUCKELEW, : : Petitioner : : VS. : : : RALPH KEMP, Warden, Wheeler Corr. : 1 : Facility, Respondent : _____________________________________ NO. 1:06-CV-42(WLS) ORDER Petitioner GREGORY HIRAM BUCKELEW, an inmate at Wheeler Correctional Facility in Alamo, Georgia, has filed a typewritten pleading entitled "Petition under 28 U.S.C. 2254 for Writ of Habeas Corpus by a Person in State Custody." He has paid the required filing fee of $5.00. However, petitioner has not submitted his habeas corpus claims on the standard habeas corpus form required by this Court. Accordingly, petitioner is hereby ORDERED to complete and submit the 28 U.S.C. 2254 form. Petitioner shall have thirty (30) days from the date of his receipt of this order to provide the aforementioned information. Failure to comply with this order shall result in the dismissal of petitioner's application. The Clerk of Court is hereby instructed to provide petitioner with the appropriate habeas forms. The Court notes that petitioner has named as respondents in this action Carl Humphrey, Warden of Ware State Prison, and Paula K. Smith, Senior Assistant Attorney General. Pursuant to Rule 2(a) of the Rules Governing Section 2254 Cases, the appropriate respondent in this action is the " the state officer having custody of the applicant," Ralph Kemp, the Warden of Wheeler Correctional Facility. The Clerk of Court is DIRECTED to substitute Warden Kemp for Humphrey and Smith as party-respondent. 1 Dockets.Justia.com Case 1:06-cv-00042-WLS-RLH Document 4 Filed 03/17/2006 Page 2 of 2 SO ORDERED, this 17th day of March, 2006. /s/ Richard L. Hodge RICHARD L. HODGE UNITED STATES MAGISTRATE JUDGE

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