Bickley v. Bowersox

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that, no later than thirty (30) days from the date of this Order, petitioner shall either pay the $5 filing fee or submit a Motion to Proceed In Forma Pauperis and Affidavit in Support Habeas Cases. IT IS FURTHER ORDERED that petitioner must file an amended petition on the Court-provided form. IT IS FURTHER ORDERED that the Clerk shall mail to petitioner (1) a copy of the Courts form Motion to Proceed In Forma Pauperis and Affidavit in Support Habeas Cases; and (2) a copy of the Courts form petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254.IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, this action will be dismissed without prejudice and without further notice to him. Signed by Magistrate Judge Terry I. Adelman on 8/5/13. (KJS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
EUGENE ANTONIO BICKLEY,
Petitioner,
v.
MICHAEL S. BOWERSOX,
Respondent.

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No. 4:13-CV-1504-TIA

MEMORANDUM AND ORDER
This matter is before the Court on petitioner’s petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The petition is defective because it has not been filed
on a court-provided form. See Local Rule 2.06(A).1 Furthermore, petitioner has failed
to properly initiate this case, because he has neither paid the $5 filing fee nor submitted
a “Motion to Proceed In Forma Pauperis and Affidavit in Support – Habeas Cases.”
See 28 U.S.C. §§ 1914 -15.
Accordingly,
IT IS HEREBY ORDERED that, no later than thirty (30) days from the date
of this Order, petitioner shall either pay the $5 filing fee or submit a “Motion to
Proceed In Forma Pauperis and Affidavit in Support – Habeas Cases.”

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The petition is also defective because it is unsigned. See Fed. R. Civ. P. 11.
Petitioner must sign his amended petition before filing it with the Court.

IT IS FURTHER ORDERED that petitioner must file an amended petition on
the Court-provided form.
IT IS FURTHER ORDERED that the Clerk shall mail to petitioner (1) a copy
of the Court’s form “Motion to Proceed In Forma Pauperis and Affidavit in Support –
Habeas Cases”; and (2) a copy of the Court’s form petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order,
this action will be dismissed without prejudice and without further notice to him.
Dated this

5th

day of August, 2013.

/s/ Terry I. Adelman
UNITED STATES MAGISTRATE JUDGE

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