Brummel v. Capra

Filing 7

ORDER: Petitioner has until December 15, 2015 to comply with the filing requirements and to file an amended petition. The Clerk of Court is respectfully directed to mail petitioner a § 2254 form and its attachments, as well as a copy of this order. Ordered by Judge John Gleeson on 11/9/2015. (Fallon, Ethan)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
X
TEON BRUMMEL,
Petitioner,
- against -

ORDER
15-CV-3399 (JG)

MICHAEL CAPRA,
Respondent.
X
JOHN GLEESON, United States District Judge:
On June 8, 2015, petitioner Teon Brummel, proceeding pro se, submitted a
petition seeking a writ of habeas corpus pursuant to 28 U.S.C. § 2254. His submission, however,
did not include the filing fee or a request to proceed in forma pauperis (“IFP”). By Order dated
July 1, 2015, I granted petitioner’s request to file an amended petition and gave him until August
31, 2015 to submit an amended petition and the $5.00 filing fee or an IFP request. Petitioner has
not complied with the Order and the time for doing so has passed. In light of his pro se status
and the strict filing requirements of federal habeas law, I grant Petitioner additional time to
comply with the filing requirements and to file an amended petition. Petitioner has until
December 15, 2015 to submit the $5.00 filing fee or to submit an IFP request. He may also file
an Amended Petition by that date. The Clerk of Court shall mail petitioner a § 2254 form and its
attachments. If the Court does not receive petitioner's IFP application or filing fee by December
15, 2015, the petition will be dismissed without prejudice. No response from respondent to this
petition is required at this time.

So ordered.
JOHN GLEESON
United States District Judge
Dated: November 9, 2015
Brooklyn, New York

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