Harrison v. Wallace

Filing 4

MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that the Clerk shall return to petitioner his petition for writ of habeas corpus and motion for leave to proceed in forma pauperis. IT IS FURTHER ORDERED that petitioner must sign both documents and return them to the Court within twenty-one (21) days of the date of this Memorandum and Order. IT IS FURTHER ORDERED that if petitioner fails to comply with this Memorandum and Order, the Court will dismiss this action without further proceedings. Response to Court due by 10/30/2012. Signed by District Judge Stephen N. Limbaugh, Jr on 10/9/2012. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
KEVIN T. HARRISON,
Petitioner,
v.
IAN WALLACE,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:12CV1787 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s submission of a petition for writ
of habeas corpus and motion for leave to proceed in forma pauperis. Petitioner did
not sign either of the documents. Under Rule 11 of the Federal Rules of Civil
Procedure, the Court must strike an unsigned pleading from the docket unless the
party promptly signs the document and returns it to the Court. As a result, the Court
will order the Clerk to return both documents to petitioner so that he may sign them.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall return to petitioner his
petition for writ of habeas corpus and motion for leave to proceed in forma pauperis.
IT IS FURTHER ORDERED that petitioner must sign both documents and
return them to the Court within twenty-one (21) days of the date of this Memorandum
and Order.

IT IS FURTHER ORDERED that if petitioner fails to comply with this
Memorandum and Order, the Court will dismiss this action without further
proceedings.
Dated this 9th day of October, 2012.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

-2-