Kislyak v. York County Sherriff's/Jail Departments

Filing 8

MEMORANDUM AND ORDER - The pending Petition for Writ of Habeas Corpus (Filing No. 1 ) is deemed insufficient and the court will not act upon it. On or before October 29, 2011, Petitioner must submit a signed Amended Petition for Writ of Habeas Corpu s. In the Amended Petition, Petitioner must specify the grounds for relief, the facts supporting each ground, and the relief requested. Failure to comply with this order may result in dismissal of the Petition without further notice. The Clerk of the court is directed to send Petitioner a Form AO 241 packet, Petition for Relief From a Conviction or Sentence By a Person in State Custody. The Clerk of the court is directed to set a pro se case management deadline in this case with the following text: October 29, 2011: deadline for Petitioner to submit Amended Petition. Ordered by Judge Laurie Smith Camp. (Copy mailed/e-mailed to pro se party along with form as directed)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
PAVEL KISLYAK,
Petitioner,
v.
YORK COUNTY SHERRIFF’S/JAIL
DEPARTMENTS and ET AL.,
Respondents.

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CASE NO. 4:11CV3133

MEMORANDUM
AND ORDER

The court must conduct an initial review of the Petition for Writ of Habeas Corpus
(Filing No. 1) to determine whether the claims made by Petitioner are, when liberally
construed, potentially cognizable in federal court.
Petitioner did not use a Form AO 241, Petition for Writ of Habeas Corpus by a
Person in State Custody, but rather submitted a hand written Petition that does not clearly
indicate the grounds alleged. The Petition must “substantially follow either the form
appended to [the] rules, or a form prescribed by a local district-court rule.” See Rule 2 of
the Rules Governing Section 2254 Cases in the United States District Courts. Petitioner’s
Petition does not substantially follow any form and does not clearly indicate the grounds
alleged. Thus, the pending Petition for Writ of Habeas Corpus (Filing No. 1) is deemed
insufficient and the court will not act upon it. However, on its own motion, the court will
grant Petitioner 30 days to amend his Petition using Form AO 241. Failure to adequately
comply with this order will result in dismissal of the Petition without further notice.
IT IS THEREFORE ORDERED that:
1.

The pending Petition for Writ of Habeas Corpus (Filing No. 1) is deemed
insufficient and the court will not act upon it.

2.

On or before October 29, 2011, Petitioner must submit a signed Amended
Petition for Writ of Habeas Corpus. In the Amended Petition, Petitioner must
specify the grounds for relief, the facts supporting each ground, and the relief
requested. Failure to comply with this order may result in dismissal of the
Petition without further notice.

3.

The Clerk of the court is directed to send Petitioner a Form AO 241 packet,
Petition for Relief From a Conviction or Sentence By a Person in State
Custody.

4.

The Clerk of the court is directed to set a pro se case management deadline
in this case with the following text: October 29, 2011: deadline for Petitioner
to submit Amended Petition.

DATED this 29th day of September, 2011.
BY THE COURT:

s/Laurie Smith Camp
United States District Judge

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