Lightfeather v. Gage County, NE

Filing 8

MEMORANDUM AND ORDER - The pending Petition, Filing No. 1 , is deemed insufficient and the Court will not act upon it. By February 17, 2023, Petitioner shall file an amended petition for writ of habeas corpus that is originally signed under penalty of perjury. Petitioner is encouraged to use the enclosed official Form AO 241. To avoid confusion, any document Petitioner sends to the Clerk of Court for filing in this case must clearly display the case number. Failure to file an amended petition i n accordance 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 AO 241 ("Petition for Relief From a Conviction or Sentence By a Person in State Custody"). The Clerk of Court is directed to set a pro se case management deadline in this matter with the following text: February 17, 2023: Check for amended petition. Ordered by Senior Judge Joseph F. Bataillon. (Copy mailed to pro se party)(LKO)

8:22-cv-00358-JFB-PRSE Doc # 8 Filed: 01/17/23 Page 1 of 2 - Page ID # 25

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
AUSTIN EDWARD LIGHTFEATHER,
Petitioner,

8:22CV358

vs.
MEMORANDUM AND ORDER
GAGE COUNTY, NE,
Respondent.

This matter is before the Court on initial review of Petitioner Austin Edward
Lightfeather’s (“Petitioner” or “Lightfeather”) Petition for Writ of Habeas Corpus filed
pursuant to 28 U.S.C. § 2241.1 Filing No. 1. However, this matter will not proceed further
until Petitioner cures the deficiencies discussed below.
First, Petitioner has not signed the petition under penalty of perjury. See, e.g. 28
U.S.C. § 2242 and Rule 2(c)(5) of the Rules Governing Section 2254 Cases in the United
States District Courts.
Second, a habeas corpus petition must “substantially follow either the form
appended to [the Rules Governing Section 2254 Cases in the United States District
Courts], 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. Here, Petitioner did
not use the Form AO 242, Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241.
Rather, he submitted a ten-page, hand-written document that does not identify the

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The Court conducts this initial review of the petition pursuant to 28 U.S.C. § 2243 and
Rule 1(b) of the Rules Governing Section 2254 Cases in the United States District Courts. Rule
1(b) allows the Court to apply any or all of those rules, including Rule 4, to a section 2241 action.

8:22-cv-00358-JFB-PRSE Doc # 8 Filed: 01/17/23 Page 2 of 2 - Page ID # 26

decision or action challenged or clearly indicate the grounds upon which Petitioner seeks
habeas relief.
Based on these deficiencies, Petitioner’s petition is deemed insufficient and the
Court will not act upon it. However, on the Court’s own motion, Petitioner will have 30
days in which to file an amended petition for writ of habeas corpus.
IT IS THEREFORE ORDERED that:
1.

The pending Petition, Filing No. 1, is deemed insufficient and the Court will

not act upon it.
2.

By February 17, 2023, Petitioner shall file an amended petition for writ of

habeas corpus that is originally signed under penalty of perjury. Petitioner is encouraged
to use the enclosed official Form AO 241. To avoid confusion, any document Petitioner
sends to the Clerk of Court for filing in this case must clearly display the case number.
Failure to file an amended petition in accordance with this Memorandum and Order will
result in dismissal of this matter without further notice.
3.

The Clerk of the Court is directed to send to Petitioner the Form AO 241

(“Petition for Relief From a Conviction or Sentence By a Person in State Custody”).
4.

The Clerk of Court is directed to set a pro se case management deadline in

this matter with the following text: February 17, 2023: Check for amended petition.

Dated this 17th day of January, 2023.
BY THE COURT:

Joseph F. Bataillon
Senior United States District Judge

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