Kelly v. Tecumseh State Corrections Institute

Filing 5

MEMORANDUM AND ORDER - Kelly is directed to file an amended petition for writ of habeas corpus within 30 days in accordance with this Memorandum and Order. To avoid confusion, any document Kelly sends to the clerk of the court for filing in this case must clearly display the case number. Failure to comply with this Memorandum and Order will result in dismissal of this matter without further notice. The clerk of the court is directed to send to petitioner the Form AO241 (Petition for Relief Fro m 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 matter with the following text: August 3, 2015: Check for amended petition. ***Pro Se Case Management Deadlines: ( Pro Se Case Management Deadline set for 8/3/2015: check for amended petition). Ordered by Senior Judge Lyle E. Strom. (Copy mailed as directed)(MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
A.J. KELLY,

)
)
Plaintiff,
)
)
v.
)
)
TECUMSEH STATE CORRECTIONS
)
INSTITUTE,
)
)
Defendant.
)
______________________________)

8:15CV78

MEMORANDUM AND ORDER

The Court must conduct an initial review of A.J.
Kelly’s Petition for Writ of Habeas Corpus (Filing No. 1) to
determine whether his claims are potentially cognizable in
federal court.

Kelly did not use the Form AO 241, Petition for

Writ of Habeas Corpus by a Person in State Custody, but rather
submitted a two-page document that does not clearly indicate the
grounds alleged and does not name a respondent.
A habeas corpus 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.

Kelly’s

petition does not substantially follow any form and does not
clearly indicate the grounds alleged.

In addition, the petition

does not name a proper respondent (i.e., the state officer who
has custody over him).

Thus, Kelly’s petition is insufficient

and the Court will not act upon it.

On the Court’s own motion,

Kelly will have 30 days in which to file an amended petition for
writ of habeas corpus.
IT IS ORDERED:
1.

Kelly is directed to file an amended petition for

writ of habeas corpus within 30 days in accordance with this
Memorandum and Order.

To avoid confusion, any document Kelly

sends to the clerk of the court for filing in this case must
clearly display the case number.

Failure to comply with this

Memorandum and Order will result in dismissal of this matter
without further notice.
2.

The clerk of the court is directed to send to

petitioner the Form AO241 (“Petition for Relief From a Conviction
or Sentence By a Person in State Custody”).
3.

The clerk of the court is directed to set a pro se

case management deadline in this matter with the following text:
August 3, 2015:

Check for amended petition.

DATED this 6th day of July, 2015.
BY THE COURT:
/s/ Lyle E. Strom
____________________________
LYLE E. STROM, Senior Judge
United States District Court

*

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