Mack Moziah Garvey a/k/a David M. Perkins v. Richard G. Callahan

Filing 5

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in forma pauperis [Doc. #4] is GRANTED. IT IS FURTHER ORDERED that that the Clerk of Court shall forward to petitioner,with a copy of this Or der, the court-provided formfor filing a "Petition under 28 U.S.C. § 2254 forWrit of Habeas Corpus by a Person in State Custody" (AO Form 241). IT IS FURTHER ORDERED that petitioner shall complete this form in its entirety and r eturn it within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that if petitioner fails to complete and return this form petition within thirty days, the Court will dismiss this action without prejudice and without furth er notice to him. IT IS FURTHER ORDERED that the Clerk shall docket this case as Mack Moziah Garvey a/k/a David M. Perkins v. Richard G. Callahan. (Response to Court due by 1/14/2013.). Signed by District Judge Audrey G. Fleissig on 12/12/2012. (KSM)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MACK MOZIAH GARVEY a/k/a
DAVID M. PERKINS,
Petitioner,
vs.
RICHARD G. CALLAHAN,
Respondent.

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No. 4:12-CV-2186-AGF

MEMORANDUM AND ORDER
This matter is before the Court upon petitioner’s application for leave to
commence this action without payment of the required filing fee [Doc. #4]. Upon
consideration of the financial information provided with the application, the Court finds
that petitioner is financially unable to pay any portion of the filing fee, and therefore,
the motion will be granted.
The Court notes that petitioner’s petition for writ of habeas corpus under 28
U.S.C. § 2254 [Doc. #1] has not been filed on a court-provided form. Both this
Court’s Local Rule 2.06(A) and Rule 2(c) of the Rules Governing Section 2254 Cases
in the United States District Courts give this Court the authority to order petitioner to
amend his petition by filing it on a court-provided form. Because the manner in which

the instant petition is drafted makes it difficult to review, the Court will order petitioner
to file an amended petition on a court-provided form.
Therefore,
IT IS HEREBY ORDERED that petitioner's motion for leave to proceed in
forma pauperis [Doc. #4] is GRANTED.
IT IS FURTHER ORDERED that that the Clerk of Court shall forward to
petitioner, with a copy of this Order, the court-provided form for filing a "Petition under
28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody" (AO Form
241).
IT IS FURTHER ORDERED that petitioner shall complete this form in its
entirety and return it within thirty (30) days from the date of this Order.
IT IS FURTHER ORDERED that if petitioner fails to complete and return this
form petition within thirty days, the Court will dismiss this action without prejudice and
without further notice to him.
IT IS FURTHER ORDERED that the Clerk shall docket this case as Mack
Moziah Garvey a/k/a David M. Perkins v. Richard G. Callahan.
Dated this 12th day of December, 2012.
_________________________________
UNITED STATES DISTRICT JUDGE

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