Moten v. State of Mississippi

Filing 4

ORDER GRANTING #2 MOTION to Proceed in forma pauperis and DIRECTING State to Respond filed by Quartavius E. Moten. State of Mississippi answer due 3/21/2021. Motions terminated. Signed by Magistrate Judge Roy Percy on 1/6/2021. (cb)

Case: 4:20-cv-00217-MPM-RP Doc #: 4 Filed: 01/06/21 1 of 2 PageID #: 19

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
QUARTAVIUS E. MOTEN
v.

PETITIONER
No. 4:20-CV-00217-MPM-RP

STATE OF MISSISSIPPI

RESPONDENT(S)

ORDER GRANTING PETITIONER’S MOTION
TO PROCEED IN FORMA PAUPERIS AND
DIRECTING STATE TO RESPOND
Quartavius E. Moten 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 March 21, 2022, the respondent, through Lynn Fitch, the Attorney General
of the State of Mississippi, must file an answer to this petition, along with full transcripts of all
proceedings in the state courts of Mississippi arising out of his detention at the Washington County
Regional Correctional Facility (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
Lynn Fitch, Attorney General of the State of Mississippi, or her 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.

Case: 4:20-cv-00217-MPM-RP Doc #: 4 Filed: 01/06/21 2 of 2 PageID #: 20

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 6th day of January, 2021.

/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE