McMillian v. Smith

Filing 4

ORDER directing the Clerk to mail McMillan 2254 forms. McMillan shall have 30 days from the date of this Order to submit his revised petition. Signed by Magistrate Judge G. R. Smith on 10/04/2011. (lmm)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DUSTIN McMILLAN,
Petitioner,
Case No. CV411-238

V.

SHERIFF CLYDE R. SMITH,
Respondent.

ORDER
On September 12, 2011, Dustin McMillan filed a 28 U.S.C. § 2241
petition with the United States District Court for the Northern District of
Georgia. (Doc. 1.) That court construed the petition as arising under 28
U.S.C. § 2254, not § 2241, and then transferred the case to this District.
(Doe. 2.) McMillan, however, has not used the appropriate form for
pursuing habeas relief in this Court.
Rule 2(d) of the Rules Governing Section 2254 Cases states that "the
petition must substantially follow either the form appended to these rules
or a form prescribed by local district-court rule." Since McMillan did not
use the correct form, the Court, mindful of petitioner's pro se status,

DIRECTS the Clerk to mail him the standard form developed for
prisoners who wish to challenge the constitutionality of their convictions
under 28 U S C § 2254 McMillan shall have 30 days from the date of
this Order to submit his revised petition Should he fail to do so, the
Court will recommend that this case be dismissed
SO ORDERED this I(day of October, 2011

UNITfD `StAIIE^ MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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