Gilkey v. Burton

Filing 19

SECOND ORDER to Sign and Verify Petition. Signed by District Judge Terrence G. Berg. (AChu)

Case 2:17-cv-12753-TGB-APP ECF No. 19 filed 05/20/20

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARIUS LEIGH GILKEY,

2:17-CV-12753-TGB

Petitioner,
SECOND ORDER TO SIGN
AND VERIFY PETITION

vs.
DEWAYNE BURTON,
Respondent.

Petitioner Darius Leigh Gilkey, a Michigan state prisoner, filed an
unsigned and unverified petition for writ of habeas corpus. (ECF No. 1.)
On February 18, 2020, the Court issued an Order requiring Petitioner to
file a signed and verified petition within thirty days or risk dismissal of
the petition.

(See Order to Sign and Verify Petition, ECF No. 15.)

Petitioner has not complied with the Court’s Order and the time for doing
so has expired.
Shortly after the Order to Sign and Verify Petition was issued,
Petitioner notified the Court that he had been transferred to a different
prison. (ECF No. 18.) It is unclear whether Petitioner received the
Court’s Order before being transferred. To ensure that Petitioner has a
fair opportunity to correct the deficiency and comply with the Court’s

Case 2:17-cv-12753-TGB-APP ECF No. 19 filed 05/20/20

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Order, the Court issues this Second Order to Sign and Verify Petition.
For these reasons:
(1) The Clerk of Court is ORDERED to provide Petitioner a copy
of his habeas corpus petition. (ECF No. 1.)
(2) Petitioner is ORDERED to sign and date the petition in the
locations so designated on the petition form.
(3) Petitioner is ORDERED to return the signed and dated
petition to the Court for filing within THIRTY DAYS from the date of
this order.
(4) Failure to comply with this Order may result in dismissal of
the petition. See Fed. R. Civ. P. 41(b).
IT IS SO ORDERED.
DATED: May 20, 2020
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge

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