Fuget v. USA

Filing 2

MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk shall mail to Petitioner a copy of the Court's form petition for a writ of habeas corpus under 28 U.S.C. § 2241. IT IS FURTHER ORDERED that the Clerk shall mail to Petitioner a copy of the Court's application to proceed in district court without prepaying fees or costs. IT IS FURTHER ORDERED that Petitioner shall file an amended petition on the Court-provided form within twenty-one (21) days of the date of this Order. Peti tioner is advised that his amended petition will take the place of his original petition and will be the only pleading that this Court will review. IT IS FURTHER ORDERED that Petitioner shall either pay the $5 filing fee or submit an application to proceed in district court without prepaying fees or costs within twenty-one (21) days of the date of this Order. IT IS FINALLY ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this action without prejudice. (Response to Court due by 12/6/2023.) Signed by District Judge Sarah E. Pitlyk on 11/15/2023. (a copy of this order and necessary forms sent this date.)(KRZ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JUSTIN FUGET,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

No. 4:23-cv-01241-SEP

MEMORANDUM AND ORDER
Before the Court is pro se Petitioner’s petition for habeas corpus, which is defective because it has not
been drafted on a Court-provided form. See Local Rule 2.06(A). Additionally, Petitioner has not paid the
filing fee or filed a motion to proceed in forma pauperis. See 28 U.S.C. § 1915(a).
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to Petitioner a copy of the Court’s form petition
for a writ of habeas corpus under 28 U.S.C. § 2241.
IT IS FURTHER ORDERED that the Clerk shall mail to Petitioner a copy of the Court’s application
to proceed in district court without prepaying fees or costs.
IT IS FURTHER ORDERED that Petitioner shall file an amended petition on the Court-provided form
within twenty-one (21) days of the date of this Order. Petitioner is advised that his amended petition will take
the place of his original petition and will be the only pleading that this Court will review.
IT IS FURTHER ORDERED that Petitioner shall either pay the $5 filing fee or submit an application
to proceed in district court without prepaying fees or costs within twenty-one (21) days of the date of this Order.
IT IS FINALLY ORDERED that if Petitioner fails to comply with this Order, the Court will dismiss this
action without prejudice.
Dated this 15th day of November, 2023.

SARAH E. PITLYK
UNITED STATES DISTRICT JUDGE