Crouch v. WASHBURN

Filing 6

ORDER GRANTING 2 MOTION for Leave to Proceed in forma pauperis filed by SAM EDWARD CROUCH, ORDER for Respondent to File Responsive Pleading re: 1 Petition for Writ of Habeas Corpus filed by SAM EDWARD CROUCH. Ordered by US Mag Judge Stephen Hyles on 2/1/12. (lws)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SAM EDWARD CROUCH,

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:
Petitioner
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VS.
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Warden RUSSELL WASHBURN,
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Respondent
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CIVIL ACTION NO. 4:12-CV-28 (CDL)
PROCEEDINGS UNDER 28 U.S.C. ' 2254
BEFORE THE U.S. MAGISTRATE JUDGE

ORDER
Petitioner SAM EDWARD CROUCH has filed a petition seeking a writ of habeas
corpus pursuant to 28 U.S.C. ' 2254. He also seeks leave to proceed without prepayment of the
filing fee or security therefor pursuant to 28 U.S.C. ' 1915(a). It appears that Petitioner is unable
to pay the cost of commencing this action and, therefore, Petitioner=s application to proceed in
forma pauperis is hereby GRANTED.
IT IS HEREBY ORDERED that within thirty (30) days of the date of this Order, the
Petitioner shall amend his petition to include every unalleged possible constitutional error or
deprivation entitling him to federal habeas corpus relief, failing which the Petitioner will be
presumed to have deliberately waived his right to complain of any constitutional errors or
deprivations other than those set forth in his initial habeas petition. If amended, the Petitioner will
be presumed to have deliberately waived his right to complain of any constitutional errors or
deprivations other than those set forth in his initial and amended habeas petitions.
IT IS FURTHER ORDERED that the Respondent file an answer to the allegations of the
petition and any amendments within sixty (60) days after service of this Order and in compliance
with Rule 5 of the Rules Governing Section 2254 Cases. Either with the filing of the answer or
within fifteen (15) days after the answer is filed, the Respondent shall move for the petition to be

dismissed or shall explain in writing to the Court why the petition cannot be adjudicated by a
motion to dismiss.
No discovery shall be commenced by either party without the express permission of the
Court. Unless and until the Petitioner demonstrates to this Court that the state habeas Court=s
fact-finding procedure was not adequate to afford a full and fair evidentiary hearing or that the
state habeas court did not afford the opportunity for a full, fair, and adequate hearing, this Court=s
consideration of this habeas petition will be limited to an examination of the evidence and other
matters presented to the state trial, habeas, and appellate courts.
A copy of the petition and a copy of this Order shall be served by the Clerk by U. S. mail on
the Respondent and on the Attorney General of the State of Georgia. The Clerk of the Court is
further directed to serve a copy of this Order upon the Petitioner. The Petitioner is advised that
his failure to keep the Clerk of the Court informed as to any change of address may result in the
dismissal of this action.
SO ORDERED, this 1st day of February, 2012.

S/STEPHEN HYLES
UNITED STATES MAGISTRATE JUDGE