BIGGINS v. BARROW

Filing 8

ORDER granting re 2 Motion for Leave to Proceed in forma pauperis filed by ANTONIO BIGGINS. Signed by Magistrate Judge G. R. Smith on 11/7/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
ANTONIO BIGGINS,
Petitioner,

Case No. CV412-273

v.
DONALD BARROW, Warden,
Respondent.

ORDER
Petitioner, a state prisoner confined at the Washington State Prison
in Davisboro, Georgia, seeks leave to file a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The petitioner, who is not represented by
counsel, endeavors to attack a judgment of conviction entered by the
Chatham County Superior Court in December 2007. As petitioner appears
to be indigent, leave to proceed in forma pauperis is hereby GRANTED.
In accordance with Rule 4 of the Rules Governing § 2254 Cases in the
United States District Courts, a copy of the petition shall be served on the
respondent and the Attorney General of the State of Georgia. The Clerk is
hereby DIRECTED to forward to the Marshal sufficient copies of this Order
and the petition for service upon the respondent by certified mail and upon
the Attorney General of the State of Georgia, directed to the attention of
Deputy Attorney General Mary Beth Westmoreland, by regular mail. The
Marshal's return shall constitute prima facie evidence of service of process.

Respondent is therefore ORDERED, within thirty days after service
of this Order, to file a response and to show cause why the relief sought
should not be granted. The answer shall conform to the requirements of
Rule 5 of the Rules Governing § 2254 Cases in the United States District
Court. Respondent shall furnish with the answer a copy of any trial
transcripts, the transcripts of any state habeas corpus proceedings and
orders of the state court denying the writ, and, if the petitioner appealed
from the judgment of conviction or from an adverse judgment or order in a
post-conviction proceeding, a copy of all appellate briefs and of the opinion
of the appellate court, if any.

SO ORDERED this 7th day of November, 2012.

UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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