Douse v. Lewis

Filing 4

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion for leave to proceed in forma pauperis form and a § 2254 form. IT IS FURTHER ORDERED that, no later than twenty-eight (28) days from this Mem orandum and Order, petitioner must either pay the $5 filing fee or file a motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that petitioner must fill out the § 2254 form and return it to the Court within twenty-eight (28) days of the date of this Order. If petitioner fails to comply with this Order, the Court may dismiss this action without further proceedings. Response to Court due by 7/3/2018. Signed by District Judge Jean C. Hamilton on 6/5/18. (CSG) Modified on 6/5/2018 (CSG).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JAMES NATHANIEL DOUSE, JR.,
Petitioner,
v.
JASON LEWIS,
Respondent.

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No. 1:18-CV-123 PLC

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s pro se application1 for writ of habeas
corpus pursuant to 28 U.S.C. § 2254. The petition is defective because petitioner did not use the
Court’s form, see Local Rule 2.06(A), and because petitioner did not pay the $5 filing fee or file
a motion for leave to proceed in forma pauperis.
Accordingly,
IT IS HEREBY ORDERED that the Clerk is directed to send petitioner both a motion
for leave to proceed in forma pauperis form and a § 2254 form.
IT IS FURTHER ORDERED that, no later than twenty-eight (28) days from this
Memorandum and Order, petitioner must either pay the $5 filing fee or file a motion for leave to
proceed in forma pauperis.

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Petitioner asks that all correspondence be directed to his “attorney,” his father James N. Douse,
Sr. Mr. Douse, Sr., who resides in Atlanta, Georgia, has also signed petitioner’s typed
application for writ of habeas corpus, as “Esquire, status pending.” Unfortunately, Mr. Douse,
Sr. cannot represent petitioner in this Court unless he is currently licensed to practice law and is
either properly granted admission to practice before this Court, pursuant to Local Rule 83.- 12.01
or duly admitted pro hac vice to the Court.

IT IS FURTHER ORDERED that petitioner must fill out the § 2254 form and return it
to the Court within twenty-eight (28) days of the date of this Order. If petitioner fails to comply
with this Order, the Court may dismiss this action without further proceedings.
Dated this

5th

day of June, 2018.

\s\ Jean C. Hamilton
JEAN C. HAMILTON
UNITED STATES DISTRICT JUDGE

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