Williams v. Stewart

Filing 4

ORDER Directing Petitioner to Complete and file (1) an Application for Writ of Habeas Corpus and (2) an Application to Proceed In Forma Pauperis or the Filing Fee. Signed by District Judge Judith E. Levy. (SBur)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Freddie Alexander Williams,
Petitioner,
v.

Case No. 17-cv-13469
Judith E. Levy
United States District Judge

Tony Stewart,
Mag. Judge Mona K. Majzoub
Respondent.
________________________________/
ORDER DIRECTING PETITIONER TO COMPLETE AND FILE
(1) AN APPLICATION FOR WRIT OF HABEAS CORPUS AND
(2) AN APPLICATION TO PROCEED IN FORMA PAUPERIS
OR THE FILING FEE
Petitioner Freddie Alexander Williams, a state prisoner at the
Cotton Correctional Facility in Jackson, Michigan, has filed a pro se
motion for equitable tolling. (Dkt. 1.) In the pending motion, Petitioner
asks the Court to toll the one-year statute of limitations for habeas
petitions on grounds that: he was unaware of the statute of limitations
until after the limitations period expired; he is uneducated and had no
constructive knowledge of the filing requirements; he was diligent in
pursing his rights after he learned of the filing requirements; there is no

prejudice to Respondent; and it was reasonable for him to remain
ignorant of the legal requirements.

Petitioner also alleges that the

State’s policies and procedures impeded his efforts to file a timely habeas
petition.
The Court cannot properly address Petitioner’s motion because he
did not submit an application for the writ of habeas corpus with his
motion, and he has not provided the Court with sufficient information
about his criminal case. He also did not pay the filing fee for this action
or apply for leave to proceed in forma pauperis.
Accordingly, the Court ORDERS Petitioner to complete and file
with the Clerk of the Court a petition for writ of habeas corpus and two
identical copies of the petition. In addition, Petitioner is to submit the
$5.00 filing fee for this action or a completed application to proceed in
forma pauperis, accompanied by a certified statement of the balance in
his trust fund account at the Cotton Correctional Facility.
The Court is sending Plaintiff a blank petition for the writ of habeas
corpus for Plaintiff to complete. The Court is also sending Plaintiff an
application to proceed in forma pauperis in case he cannot afford to pay
the $5.00 filing fee for this action. Any failure on Petitioner’s part to
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comply with this order by submitting the necessary items within thirty
(30) days of the date of this order could result in the dismissal of this
action.
IT IS SO ORDERED.
Dated: December 27, 2017
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

CERTIFICATE OF SERVICE
The undersigned certifies that the foregoing document was served
upon counsel of record and any unrepresented parties via the Court’s
ECF System to their respective email or First Class U.S. mail addresses
disclosed on the Notice of Electronic Filing on December 27, 2017.
s/Shawna Burns
SHAWNA BURNS
Case Manager

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