COBBLE v. ALLEN et al

Filing 6

ORDER DEFERRING 2 Motion for Leave to Proceed in Forma Pauperis filed by Daniel Eric Cobble and DIRECTS Cobble to re-submit both his Petition and Motion to Leave to Proceed in Forma Pauperis on the correct forms within twenty-one (21) days of the date of this Order. The Clerk is AUTHORIZED and DIRECTED to change the name of the Respondent to Warden Marty Allen upon the docket and record of this case. Signed by Magistrate Judge R. Stan Baker on 8/25/2017. (csr)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

DANIEL ERIC COBBLE,
Petitioner,

CIVIL ACTION NO.: 6:17-cv-105

v.
WARDEN MARTY ALLEN, 1
Respondent.

ORDER
Petitioner Daniel Eric Cobble (“Cobble”), an inmate at Georgia State Prison in
Reidsville, Georgia, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241.
(Doc. 1) Along with his Petition, Cobble filed a Motion for Leave to Proceed in Forma
Pauperis. (Doc. 2.)
However, Cobble’s entirely handwritten Petition spans sixteen pages and is frequently
illegible and incomprehensible.

In its current form, the Court cannot determine the

circumstances surrounding Cobble’s detention or the relief he seeks. Additionally, Cobble’s
Motion for Leave to Proceed in Forma Pauperis is on the improper form. Cobble used a form
for the United States District Court for the District of Columbia, and furthermore, provided
unresponsive answers to the form’s questions.
Accordingly, the Court DEFERS ruling on Cobble’s Motion for Leave to Proceed in
Forma Pauperis and DIRECTS Cobble to re-submit both his Petition and Motion for Leave to
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Jefferson B. Sessions, III, and Donald J. Trump are not proper parties to this action. The only proper
respondent in a Section 2241 case is the inmate’s immediate custodian—the warden of the facility where
the inmate is confined. See Rumsfeld v. Padilla, 542 U.S. 426, 434–35 (2004). As Marty Allen is the
Warden of Georgia State Prison in Reidsville, Georgia, the Clerk is AUTHORIZED and DIRECTED to
change the name of the Respondent to Warden Marty Allen upon the docket and record of this case.

Proceed in Forma Pauperis on the correct forms within twenty-one (21) days of the date of this
Order. To that end, the Court DIRECTS the Clerk of Court to provide Cobble with a blank copy
of the form Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and a blank copy of the
application to proceed in forma pauperis form which asks prisoner-petitioners questions about
their inmate trust accounts on page 2 of this application. Cobble is directed to write legibly and
to state his claims clearly.
Petitioner is also advised that, while this action is pending, he shall immediately inform
this Court in writing of any change of address. Failure to do so will result in dismissal of this
case, without prejudice.
SO ORDERED, this 25th day of August, 2017.

R. STAN BAKER
UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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