Underwood #827939 v. Gidley

Filing 3

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 Phillip J. Green (Magistrate Judge Phillip J. Green, jkw)

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

TOMMY LEE UNDERWOOD,
Petitioner,
v.

Case No. 1:14-cv-815
Honorable Robert Holmes Bell

LORI GIDLEY,
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 has
filed a petition and a motion to stay the action pending exhaustion of claims in state court; however,
he failed to file his petition on the requisite form. If Petitioner wishes to proceed in this 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 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 any 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

(including any grounds for relief that have not been exhausted in state court). 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:

August 20, 2014

/s/ Phillip J. Green
Phillip J. Green
United States Magistrate Judge

-2-