Gardner v. State of Mississippi et al

Filing 5

ORDER granting 2 MOTION to Proceed in forma pauperis and directing State to Respond; MDOC Officers answer due 10/25/2023; State of Mississippi answer due 10/25/2023. Signed by Magistrate Judge Jane M. Virden on 8/14/2023. (jla)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
JAMES M. GARDNER
v.

PETITIONER
No. 3:23CV159-MPM-JMV

STATE OF MISSISSIPPI, ET AL.

RESPONDENTS

ORDER GRANTING PETITIONER’S MOTION
TO PROCEED IN FORMA PAUPERIS AND
DIRECTING STATE TO RESPOND
James M. Gardner has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2241 and
seeks to proceed in forma pauperis. It is ORDERED:
1. That the petitioner’s application for leave to proceed in forma pauperis is GRANTED.
2. No later than October 25, 2023, the respondent, through the Attorney General of the State
of Mississippi, must file his answer to this petition, along with full transcripts of all proceedings in the
state courts of Mississippi arising from the April 7, 2022, revocation of the petitioner’s parole in the
Circuit Court of Panola County, Mississippi (to the extent such transcripts are relevant to the State’s
response).
3. Within 14 days of service upon him of a copy of respondent’s answer, petitioner may file
his traverse or reply to the allegations contained in such answer.
4. The clerk of this court will serve by email (Return Receipt, High Importance) a copy of the
petition, this order, acknowledgment of service of process form, and any other initial filings, upon the
Attorney General of the State of Mississippi, or the lawful successor, to Assistant Attorneys General
Jerrolyn Owens and Bridgette Grant. The respondent must electronically file the completed
acknowledgment of service of process form upon receipt.

Petitioner is warned that failure to keep this court informed of his current address could also
lead to dismissal of his lawsuit.
SO ORDERED, this, the 14th day of August, 2023.

/s/ Jane M. Virden
UNITED STATES MAGISTRATE JUDGE