Speed v. USA

Filing 7

MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner the Court-provided form for filing a federal Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2241." "IT IS FURTH ER ORDERED that petitioner shall complete this form in its entirety and return it to the Court within thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that petitioner shall either pay the $5 filing fee or file a motion for lea ve to proceed in forma pauperis. IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the Court will dismiss this action, without prejudice and without further notice. IT IS FURTHER ORDERED that the Clerk of Court shall docket t his case as Antonio Nathaniel Speed-Bey v. United States of America. IT IS FURTHER ORDERED petitioner's motion to correct a clerical error is DENIED [Doc. 2 ] as moot. Signed by District Judge E. Richard Webber on 6/13/2016. (Order, 2241 Form and IFP Form sent to Petitioner this date.)(CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

ANTONIO NATHANIEL SPEED-BEY,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:16-CV-544-ERW

MEMORANDUM AND ORDER
This matter is before the Court on review of petitioner=s petition for writ of habeas
corpus pursuant to 28 U.S.C. ' 2241 [Doc. 1] and supplement [Doc. 3]. Petitioner has
neither paid the $5 filing fee, nor has he submitted a motion for leave to proceed in forma
pauperis. Furthermore, the petition was not drafted on a Court form, and it is unclear what
petitioner’s claims are, and if applicable, whether he exhausted his administrative remedies
prior to filing this action. Exhaustion of available remedies is a prerequisite to filing a
habeas action in this Court. See e.g., United States v. Chappel, 208 F.3d 1069, 1069 (8th
Cir. 2000). For these reasons, the Court will instruct petitioner to rectify his filing fee
status and to file an amended petition on a Court-provided form.
Therefore,
IT IS HEREBY ORDERED that the Clerk of Court shall forward to petitioner the
Court-provided form for filing a federal "Petition for a Writ of Habeas Corpus under 28
U.S.C. ' 2241."

IT IS FURTHER ORDERED that petitioner shall complete this form in its
entirety and return it to the Court within thirty (30) days from the date of this Order.
IT IS FURTHER ORDERED that petitioner shall either pay the $5 filing fee or
file a motion for leave to proceed in forma pauperis.
IT IS FURTHER ORDERED that if petitioner fails to comply with this Order, the
Court will dismiss this action, without prejudice and without further notice.
IT IS FURTHER ORDERED that the Clerk of Court shall docket this case as
Antonio Nathaniel Speed-Bey v. United States of America.
IT IS FURTHER ORDERED petitioner’s motion to correct a clerical error is
DENIED [Doc. 2] as moot.
Dated this 13th day of June, 2016.

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UNITED STATES DISTRICT JUDGE

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