Peeples v. Bowersox

Filing 4

OPINION, MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall mail to petitioner a copy of the Court's petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 form. IT IS HEREBY ORDERED that petitioner shall submit an am ended petition for writ of habeas no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that the Clerk shall return petitioner's motion for leave to proceed in forma pauperis [ECF No. 2 ] to him so that he can sign i t. IT IS FURTHER ORDERED that petitioner shall sign and return his motion for leave to proceed in forma pauperis to the Court within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action. Amended/Supplemental Pleadings due by 3/7/2013. Signed by District Judge Henry E. Autrey on 2/5/13. (copy of petition for writ of habeas corpus form and 2 motion for leave to proceed in forma pauperis sent to plaintiff with a copy of this order)(TRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GREGORY PEEPLES,
Petitioner,
v.
MICHAEL BOWERSOX,
Respondent.

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No. 4:13CV218 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s submission of a petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254 and motion for leave to proceed in
forma pauperis. Both are defective.
Under Rule 2(c) of the Rules Governing § 2254 Cases, the petition is required
to:
(1) specify all the grounds for relief available to the petitioner;
(2) state the facts supporting each ground; [and]
(3) state the relief requested[. . .]
The instant petition is defective because it does not specify any ground for
relief or state any facts supporting such ground(s). It simply refers to petitioner’s
hundreds of pages of exhibits, which are court documents. This is impermissible.
Petitioner must specify the grounds and facts himself.

Additionally, petitioner’s motion for leave to proceed in forma pauperis is
unsigned. Rule 11 of the Federal Rules of Civil Procedure states that any unsigned
pleading, written motion, or other paper “shall be stricken unless omission of the
signature is corrected promptly after being called to the attention of the attorney or
party.”
As a result, the Court will direct petitioner to submit an amended petition for
writ of habeas corpus within thirty days of the date of this Order. Petitioner must
fully complete the form. If petitioner fails to file an amended petition, the Court will
dismiss this action. See 28 U.S.C. § 2254 Rule 4. Furthermore, the Court will direct
petitioner to sign his motion for leave to proceed in forma pauperis.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to petitioner a copy of
the Court’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 form.
IT IS HEREBY ORDERED that petitioner shall submit an amended petition
for writ of habeas no later than thirty (30) days from the date of this Order.
IT IS FURTHER ORDERED that the Clerk shall return petitioner’s motion
for leave to proceed in forma pauperis [ECF No. 2] to him so that he can sign it.

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IT IS FURTHER ORDERED that petitioner shall sign and return his motion
for leave to proceed in forma pauperis to the Court within thirty (30) days of the date
of this Order.
IT IS FURTHER ORDERED that if petitioner fails to comply with this
Order, the Court will dismiss this action.
Dated this 5th day of February, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE

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