Hosick v. Steele

Filing 2

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that the Clerk shall return the petition for writ of habeas corpus to petitioner so that he may sign it. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Memo randum and Order, either (1) petitioner must sign and return his petition to the Court or (2) the proper person must submit a motion to proceed as representative or next friend for petitioner under Rule 17 of the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that failure to comply with this Memorandum and Order may result in the summary dismissal of this action. Signed by District Judge Catherine D. Perry on 06/13/2013. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DAMON B. HOSICK, SR.,
Petitioner,
v.
TROY STEELE,
Respondent.

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No. 4:13CV1060 CDP

MEMORANDUM AND ORDER
This matter is before me on petitioner’s petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. Petitioner did not sign the petition. A person named
Bonnie Sandoval signed the petition, stating “I am power of attorney for Damon
Hosick.” Sandoval’s signature and claim to be power of attorney for petitioner are
insufficient to meet the signature requirement of 28 U.S.C. § 2242.
Section 2242 requires that an “[a]pplication for a writ of habeas corpus shall
be in writing signed and verified by the person for whose relief it is intended or by
someone acting in his behalf.” Before Sandoval or any other person can act on
petitioner’s behalf in this action, she must be appointed as next friend under Rule 17
of the Federal Rules of Civil Procedure. In this action, there is no indication that
petitioner suffers from a mental disease, disorder, or defect that substantially affects
his capacity to make decisions. As a result, there is no evidence before me that would

support appointing Sandoval as petitioner’s next friend. See Ross ex rel. Smyth v.
Lantz, 396 F.3d 512, 514 (2nd Cir. 2005).
I will direct the Clerk to return the petition to petitioner so that he may sign it.
If petitioner is unable to sign the petition or make decisions for himself because of a
mental disease or defect, or some other reason rendering him incompetent, then the
proper person must file a motion to proceed as representative or next friend under
Rule 17.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall return the petition for writ
of habeas corpus to petitioner so that he may sign it.
IT IS FURTHER ORDERED that, within thirty (30) days of the date of this
Memorandum and Order, either (1) petitioner must sign and return his petition to the
Court or (2) the proper person must submit a motion to proceed as representative or
next friend for petitioner under Rule 17 of the Federal Rules of Civil Procedure.
IT IS FURTHER ORDERED that failure to comply with this Memorandum
and Order may result in the summary dismissal of this action.
Dated this 13th day of June, 2013.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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