NELSON v. OLIVER

Filing 4

ENTRY Directing Further Proceedings - Mr. Nelson shall have through November 1, 2011, in which to supplement his petition for writ of habeas corpus by demonstrating the circumstances he believes are present to satisfy the foregoing requirements pertaining to his effort to secure the release of Mr. Neal. Signed by Judge Jane Magnus-Stinson on 10/12/2011. (see entry for details) (copy to petitioner via us mail)(VS)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA

DAVID J. NELSON,

vs.
JOHN OLIVER, Warden,

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Petitioner,
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Respondent. )

2:11-cv-238-JMS-WGH

Entry Directing Further Proceedings
Mr. Nelson brings this action pursuant to 28 U.S.C. § 2241 to secure the release
of Mr. Neal from federal custody.
Under 28 U.S.C. § 2242, an “application for a writ of habeas corpus shall be in
writing signed and verified by the person for whose relief it is intended or by someone
acting in his behalf. In Whitmore v. Arkansas, 495 U.S. 149, 165 (1990), the Supreme
Court held that “one necessary condition for ‘next friend’ standing in federal court is a
showing by the proposed ‘next friend’ that the real party in interest is unable to litigate
his own cause due to mental incapacity.” In addition, “the ‘next friend’ must be truly
dedicated to the best interests of the person on whose behalf he seeks to litigate, and it
has been further suggested that a ‘next friend’ must have some significant relationship
with the real party in interest.” Id., at 163.
“[N]ext friend” standing “is by no means granted automatically to whomever
seeks to pursue an action on behalf of another.” Id. Mr. Nelson shall have through
November 1, 2011, in which to supplement his petition for writ of habeas corpus by
demonstrating the circumstances he believes are present to satisfy the foregoing
requirements pertaining to his effort to secure the release of Mr. Neal.
IT IS SO ORDERED.

10/12/2011
Date:_________________________

_______________________________
Hon. Jane Magnus-Stinson, Judge
United States District Court
Southern District of Indiana

Distribution:
Robert David Neal
No. 15151-180
Inmate Mail/Parcels
P.O. Box 33
Terre Haute, IN 47808
David J. Nelson
15151-180
Inmate Mail/Parcels
P.O. Box 33
Terre Haute, IN 47808