Davis v. Washington County Nebraska States Attorneys Office

Filing 7

MEMORANDUM AND ORDER - The pending Petition for Writ of Habeas Corpus is deemed insufficient and the court will not act upon it. On or before August 26, 2013, Petitioner must submit a signed amended petition for writ of habeas corpus. In the amend ed 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 dir ected to send Petitioner a Form AO 241 packet, Petition for Relief From a Conviction or Sentence By a Person in State Custody. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/26/2013:deadline for Petitioner to submit amended petition) Ordered by Senior Judge Richard G. Kopf. (Copy mailed to pro se party as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ROBERT DAVIS,
Petitioner,
v.
WASHINGTON COUNTY
NEBRASKA STATES
ATTORNEYS OFFICE, Agency
Administrative Head,
Respondent.

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8:13CV145

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 Petition that does not substantially
follow the form. 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 August 26, 2013, 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: August 26, 2013: deadline for Petitioner
to submit amended petition.
DATED this 25th day of July, 2013.
BY THE COURT:
Richard G. Kopf
Senior United States District Judge

*This opinion may contain hyperlinks to other documents or Web sites. The
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directs the user to some other site does not affect the opinion of the court.
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