Newsome v. State of Mississippi et al

Filing 38

ORDER DIRECTING CLERK TO OPEN A NEW CASE: the Court construes pro se Plaintiff's Ricardo Bryan Newsome's "Constitutional Challenge to a Statute Rule 5.1(a)(1)(B)F.R.C.P." 37 as a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. 2254. The Clerk of Court shall open a new habeas case and file the Petition, along with a copy of this order, in the new habeas action. Signed by District Judge Halil S. Ozerden on 1/20/2022 (PKS)

Case 1:18-cv-00178-HSO-RHW Document 38 Filed 01/20/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
RICARDO BRYAN NEWSOME,
# 123359
v.

PLAINTIFF
CIVIL NO. 1:18cv178-HSO-RHW

STATE OF MISSISSIPPI, et al.

DEFENDANTS

ORDER DIRECTING CLERK TO OPEN A NEW CASE
BEFORE THE COURT is pro se Plaintiff Ricardo Bryan Newsome’s
“Constitutional Challenge to a Statute Rule 5.1(a)(1)(B) F.R.C.P.” [37]. Newsome is
incarcerated with the Mississippi Department of Corrections, and the Court
dismissed this action on August 15, 2018. Mem. Opin. & Order of Dismissal [14] at
1.
The present pleading appears to be an attempt to initiate a new civil action.
Newsome did not include a civil action number on the filing, which suggests he may
have intended it as a new case. Const. Challenge [37] at 1. In addition, Newsome
brings the instant pleading against only two parties, not the numerous Defendants
originally named in this case—another indication that this pleading was not meant
for the instant civil action. Id. Newsome indicates that he intends the pleading to
act as an initiating Petition, stating that, “[t]his is a new pleading to be placed on
the civil docket with a new case or civil action number.” Id. at 7. Newsome also
refers to himself as “Petitioner,” claims that he “brings this action,” id. at 1, makes
a “Jurisdictional Statement,” id. at 2, and asks the Court “in independent action to

Case 1:18-cv-00178-HSO-RHW Document 38 Filed 01/20/22 Page 2 of 2

be relieved from the final [criminal] judgment in the Harrison County Circuit Court
of Mississippi,” id. at 3, by “the setting aside of the final judgment given in the
Harrison Co. Circuit Court, and to issue an order for the immediate release of
Newsome,” id. at 6. Newsome further pleads that his state remedies are exhausted
and raises two claims seeking relief from his state conviction. Id. at 3-4.
Based on the foregoing, the Court construes this pleading as a new Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The Clerk of Court shall
open a new § 2254 habeas action and file the instant pleading as the Petition in the
new case. The Clerk shall also file a copy of this Order in the new habeas action.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Court
construes pro se Plaintiff Ricardo Bryan Newsome’s “Constitutional Challenge to a
Statute Rule 5.1(a)(1)(B) F.R.C.P.” [37] as a Petition for Writ of Habeas Corpus
pursuant to 28 U.S.C. § 2254. The Clerk of Court shall open a new habeas case and
file the Petition, along with a copy of this Order, in the new habeas action.
SO ORDERED AND ADJUDGED, this the 20th day of January, 2022.
s/

Halil Suleyman Ozerden

HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

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