Brown v. Rivard

Filing 3

ORDER to correct deficiency within 21 days. Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

WILLIAM JESSIE BROWN,
Petitioner,
Case No. 13-15206

v.
STEVEN RIVARD,
Respondent.
/

ORDER TO CORRECT DEFICIENCY
On December 20, 2013, Petitioner filed a “Motion to Hold Habeas Petition in
Abeyance,” which it appears Petitioner intended to also serve as his habeas petition.
Habeas corpus petitioners must meet the heightened pleading standards set
forth in the Rules Governing Section 2254 Cases. McFarland v. Scott, 512 U.S. 849,
855 (1994). In relevant part, Rule 2 of the Rules Governing Section 2254 Cases
provides that a habeas petition must:
(1) specify all the grounds for relief available to the petitioner;
(2) state the facts supporting each ground;
(3) state the relief requested;
Rule 2(c), Rules Governing Section 2254 Cases. In addition, the petition must
“substantially follow either the form appended to [the habeas] rules or a form prescribed
by a local district court rule.” Habeas Rule 2(d). “A prime purpose of Rule 2(c)’s
demand that habeas petitioners plead with particularity is to assist the district court in
determining whether the State should be ordered to ‘show cause why the writ should

not be granted.’” Mayle v. Felix, 545 U.S. 644, 656 (2005) (citation omitted). The court
has authority to dismiss any petition in which it plainly appears that the petitioner is not
entitled to relief. Rule 4, Rules Governing Section 2254 Cases.
The pleading filed here by Petitioner, labeled a “Motion to Hold Habeas Petitioner
in Abeyance,” does not meet the standards set forth in Rule 2 of the Habeas Rules.
Petitioner does not state what conviction he is challenging, the facts supporting each
ground for relief, nor does he substantially follow the form appended to the Rules
Governing Section 2254 Cases or the form used by this district. Because of these
deficiencies, the court is unable to perform its obligations under Rule 4 to preliminarily
review the petition.
The court will therefore order Petitioner to file an amended petition, following
either the form appended to the Rules Governing Section 2254 Cases or the form used
by the courts in this district. The court will review any amended petition pursuant to
Rule 4 of the Rules Governing Section 2254 Cases. Accordingly,
IT IS ORDERED that Petitioner is DIRECTED to submit a petition for writ of
habeas corpus in compliance with Rule 2(d) within twenty-one (21) days of the date of
this order. Failure to do so may result in the dismissal of this case.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: January 31, 2014

2

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, January 31, 2014, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\JUDGE'S DESK\C2 ORDERS\13-15206.BROWN.OrderCorrectDeficiency.jac.wpd

3