Horton v. Bauman

Filing 7

ORDER DISMISSING CASE, Signed by District Judge Laurie J. Michelson. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
TONY HORTON,
Petitioner,

Case No. 18-10074
Honorable Laurie J. Michelson

v.
CATHERINE S. BAUMAN,
Respondent.
ORDER DISMISSING CASE
On January 8, 2018, Tony Horton filed a motion seeking an additional 30 days to file his
petition for habeas corpus. (R. 1.) On January 17, 2018, the Court issued a deficiency order
requiring Horton to first file a habeas petition and to submit either the filing fee or an application
to proceed in forma pauperis within 21 days of the order. (R. 3.) The order advised that failure to
comply could result in dismissal. (Id.) Horton subsequently submitted an application to proceed in
forma pauperis, which the Court granted on February 8, 2018. (R, 5, 6.) Horton has yet to file a
petition for a writ of habeas corpus, however, and the time for doing so pursuant to the order has
long since elapsed.
It is well-established that a party must file a complaint to institute a civil action in federal
court. Fed. R. Civ. P. 3. And in a habeas corpus proceeding, the case commences with the filing
of an application for habeas corpus relief—the equivalent of a complaint in an ordinary civil case.
See Woodford v. Garceau, 538 U.S. 202, 208 (2003). Prior to the filing of a complaint, “an action
has not ‘commenced’ within the meaning of the Federal Rules” and the Court lacks subject matter
jurisdiction over the action. See Luna v. Ford Motor Co., No. 3:06-0658, 2007 WL 837237 *2

(M.D. Tenn. March 14, 2007) (“Prior to the filing of a complaint a court lacks subject matter
jurisdiction”).
Accordingly, the Court DISMISSES this case for lack of jurisdiction. This dismissal is
without prejudice to Horton instituting a new civil action by filing a habeas petition under 28
U.S.C. § 2254. The Court makes no determination as to the procedural or substantive merits of
any such petition.
SO ORDERED.
s/Laurie J. Michelson
LAURIE J. MICHELSON
UNITED STATES DISTRICT JUDGE

Dated: October 9, 2018

I hereby certify that a copy of the foregoing document was served upon Petitioner on this
date, October 9, 2018, by first-class U.S. mail.

s/William Barkholz
Case Manager

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