Rosenthal v. Callaway et al

Filing 6

OPINION MEMORANDUM AND ORDER: HEREBY ORDERED that plaintiff's motion for leave to proceed in forma pauperis [Doc. # 2 ] is GRANTED. IT IS FURTHER ORDERED that the Clerk of Court shall provide plaintiff a copy of the Court's Prisoner Civil Rights Complaint Form. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a form petition for filing a Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254. FURTHER ORDERED plaintiffs motion to amend his complaint by interlineation [Doc . # 4 ] is DENIED WITHOUT PREJUDICE.IT IS FURTHER ORDERED that plaintiff's motions to vacate his state court criminal conviction and expunge his criminal record [Doc. # 3 and # 5 ] are DENIED WITHOUT PREJUDICE. IT IS FURTHER ORDERED that plaint iff shall file a second amended complaint, in accordance with the instructions set forth above, no later than thirty (30) days from the date of this Order. FURTHER ORDERED that if plaintiff fails to timely file a second amended complaint or fails to comply with the instructions set forth above relating to the filing of the second amended complaint, the Court shall dismiss this action without prejudice. IT IS FURTHER ORDERED that upon the filing of the second amended complaint, it will be subject to review under 28 U.S.C. § 1915.( Response to Court due by 9/13/2015.). Signed by District Judge Henry Edward Autrey on 08/13/2015. (Attachments: # 1 Prisoner Civil Rights form, # 2 2254 Writ of Habeas Corpus form, # 3 2254 Instruction form)(CLK)cc: forms mailed