Coffin #494422 v. Rivard

Filing 5

ORDER directing the filing party to submit an amended pleading in proper form within 28 days or the action may be dismissed; signed by Magistrate Judge Hugh W. Brenneman, Jr (Magistrate Judge Hugh W. Brenneman, Jr., fhw)

UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BEN WILLIAM COFFIN, JR.,
Petitioner,
v.

Case No. 1:12-cv-1196
Honorable Robert J. Jonker

STEVE RIVARD,
Respondent.
____________________________________/
ORDER TO FILE AMENDED PETITION
This is a habeas corpus action filed by a state prisoner pursuant to 28 U.S.C. § 2254.
All applications for habeas corpus relief must be submitted on the form petition provided by this
Court. See Rule 2(d), RULES GOVERNING § 2254 CASES; W.D. Mich. LCivR 5.6(a). Petitioner filed
his petition on the requisite form, but he has not clearly articulated his grounds for relief as directed
by the form and as required by the Rules. Instead of identifying each of his grounds for relief,
Petitioner merely refers to the attachments to his petition, which include several briefs prepared by
or on behalf of Petitioner in connection with an appeal from the denial of a motion for relief from
judgment. If Petitioner wishes to proceed with his action, he must carefully fill out the form and
submit it to the Court. The Court directs the Clerk to send to Petitioner a copy of the form petition
under 28 U.S.C. § 2254 for writ of habeas corpus by a person in state custody. Petitioner shall
submit an amended petition by filing his habeas petition on the requisite form within 28 days from
the date of entry of this order. The case number shown above must appear on the front page of
the amended petition. Petitioner must file an original and one complete copy of the amended

petition and any new attachments. Petitioner need not re-submit supporting materials filed with the
original petition. Because the amended petition will take the place of the original petition, the
amended petition must set forth all of the grounds for relief that Petitioner intends to raise.
If Petitioner fails to submit an amended petition in proper form within the time allowed, the petition
may be dismissed without prejudice by the court.
IT IS SO ORDERED.

Dated: December 12, 2012

/s/ Hugh W. Brenneman, Jr.
HUGH W. BRENNEMAN, JR.
United States Magistrate Judge

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