Decay v. Terrell et al

Filing 14

ORDER re 11 Motion to Dismiss, the clerk is directed to forward a blank habeas petition (form AO 241) to petitioner who is directed to complete same as Rule 2(c) requires and return it to the Court for filing on or before 12/14/2012. Signed by Magistrate Judge Alma L. Chasez on 11/14/2012. (NEF: pro se unit) (lag, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
JOVAN DECAY

CIVIL ACTION

VERSUS

NUMBER: 12-1888

WARDEN TERRY TERRELL

SECTION: "C"(5)

ORDER ON MOTION
NOVEMBER 14, 2012
MOTION:
(1)
1

Respondent’s Motion to Dismiss Petition or Alternatively to
Require Amendment of the Petition (Rec. doc. 11).
:

No Opposition
ORDERED

1
:
Other.
Rule 2(c) of the Rules Governing Section 2254
Cases in the United States District Courts provides that a petition
must specify all of the grounds for relief and must state the facts
supporting each ground.
A "... general reference to the
transcripts, case records, and briefs on appeal patently fails to
comply with Rule 2(c)." Adams v. Armontrout,897 F.2d 332, 333 (8th
Cir. 1990). A petition like Decay’s (rec. doc. 3, p. 5) which
simply incorporates by reference all grounds raised in attached
exhibits fails to comply with Rule 2(c). Phillips v. Dormire, 2006
WL 744387 at *1-2 (E.D. Miss. March 20, 2006). Accordingly, the
alternative relief requested by respondent is granted. The Clerk
is directed to forward a blank habeas petition (form AO 241) to

petitioner who is directed to complete same as Rule 2(c) requires
and return it to the Court for filing on or before December 14,
2012. Petitioner’s failure to comply with the terms of this order
will result in the issuance of a Report and Recommendation
recommending that his petition be dismissed.

ALMA L. CHASEZ
United States Magistrate Judge

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