Burnett v. St. Charles County

Filing 2

MEMORANDUM AND ORDER asa to Petitioner Matthew Burnett :IT IS HEREBY ORDERED that petitioner shall have until April 22, 2013 to filea petition under 28 U.S.C. § 2241 on a court-provided form. The petition must be accompanied by either the fili ng fee of $5.00 or a motion to proceed in forma pauperis, along with a prison account statement. IT IS FURTHER ORDERED that if petitioner fails to submit the required material by the above deadline, this action will be dismissed without prejud ice. IT IS FURTHER ORDERED that the clerk of court shall mail to plaintiff a copy of the form petition for filing a writ of habeas corpus under 28 U.S.C. § 2241 and a copy of the form Motion to Proceed In Forma Pauperis - Prisoner Cases. re: 1 Response to Court due by 4/22/2013. (Order and forms mailed to petitioner.). Signed by District Judge Carol E. Jackson on 3/18/13. (KKS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MATTHEW BURNETT,
Petitioner,
v.
ST. CHARLES COUNTY,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:13-CV-0451-CEJ

MEMORANDUM AND ORDER
On March 8, 2013, petitioner submitted a letter to the court requesting relief from
his state court criminal prosecution. The clerk of court provisionally docketed the letter
as a petition for a writ of habeas corpus under 28 U.S.C. § 2241.
If petitioner is seeking habeas corpus relief, he cannot do so by submitting a letter
to the court. Instead, petitioner must file a petition using the form created by the court
for habeas corpus cases. He will also be required to either pay a filing fee of $5 or submit
a motion to proceed in forma pauperis, along with a prison account statement. See 28
U.S.C. § 1915(a).
If it is not petitioner’s intent to seek habeas corpus relief, then he is not required
to submit a petition and the court will dismiss this action without prejudice.
Accordingly,
IT IS HEREBY ORDERED that petitioner shall have until April 22, 2013 to file
a petition under 28 U.S.C. § 2241 on a court-provided form.

The petition must be

accompanied by either the filing fee of $5.00 or a motion to proceed in forma pauperis,
along with a prison account statement.
IT IS FURTHER ORDERED that if petitioner fails to submit the required
material by the above deadline, this action will be dismissed without prejudice.
IT IS FURTHER ORDERED that the clerk of court shall mail to plaintiff a copy
of the form petition for filing a writ of habeas corpus under 28 U.S.C. § 2241 and a copy
of the form Motion to Proceed In Forma Pauperis - Prisoner Cases.
Dated this 18th day of March, 2013.

CAROL E. JACKSON
UNITED STATES DISTRICT JUDGE

-2-