Sutherland v. State of Georgia et al

Filing 3

ORDER directing Sutherland to resubmit his petition using this Court's 2254 form (Notice of Compliance due by 6/15/2011). Signed by Magistrate Judge G. R. Smith on 05/25/2011. (lmm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DAVID SUTHERLAND,
Petitioner,
v.
STATE OF GEORGIA;
GEORGIA DEPARTMENT OF
PARDONS AND PAROLES,
Respondents

)
)
)
)
)
)
)
)
)
)
)

Case No. CV411-107

ORDER
David Sutherland has filed a 28 U.S.C. § 2254 habeas petition. Doc.
1. He also moves for leave to file it in forma pauperis (IFP). However,
his petition is not on the standard form prescribed by Rule 2(d) of the
Rules Governing Section 2254 Cases In the United States District
Courts. That Rule states that “[t]he petition must substantially follow
either the form appended to these rules or a form prescribed by a local
district-court rule. The clerk must make forms available to petitioners
without charge.” Id.

The Court therefore DIRECTS Sutherland to resubmit his
petition using this Court’s Rule 2(d), § 2254 form, within 21 days of the
date of this Order is served. The Clerk is DIRECTED to include the
standard Rule 2(d), § 2254 form with his service copy of this
Order. Sutherland is advised that his petition faces dismissal outright
should he fail to comply with this Order within 21 days after the date of
its service. After he complies, the Court will consider his IFP motion.
SO ORDERED this 25th day of May, 2011.

IJNTITED S11&TES MAGISTRATE .JUI)C1E
SOUTHERN DISTRICT of GEORGIA

2