KNOX v. PERRY

Filing 3

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 04/18/2014, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The Clerk is instructed to send Petitioner § 2254 forms and instructions. RECOMMENDED that this action be filed, but then dismissed sua sponte without prejudice to Petitioner filing a motion to amend his petition in case 1:14CV185. (Taylor, Abby)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF NORTH CAROLINA
BOBBY R. KNOX, JR.,

V

FRANK L. PERRY,

)
)
Petitioner,
)
)
)
)
)
)
Respondent. )

l:14CY327

ORDER AND RECOMMENDATION
OF I.]NITED STATES MAGISTRATE JUDGE

Petitioner, a prisoner of the State of North Carolina, submitted a petition under 28

U.S.C. S 2254 for writ of habeas corpus by a person in state custody, together with an
application to proceed inþrma pauperis. For the following reason, the Petition cannot be
further processed.

I

Petitioner has already f,rled one habeas petition which is pending in this Court
at this time in case 1:14CV185. Petitioner may not file a second or successive
habeas petition. His remedy is to file a motion in that case to amend his
pending petition if he wishes to add claims. He must receive permission to do
so from the Court.

Because of this pleading failure, the Petition should be flrled and then dismissed,

without prejudice to Petitioner flrling a motion to amend his pending habeas petition. To
further aid Petitioner, the Clerk is instructed to send Petitioner new $ 2254 forms and
instructions for filing a $ 2254 petition, which Petitioner should follow in completing the

forms which he can then attach to his motion to amend as a proposed amendment and file in
case 1:14CV185

Inþrma pauperis

status

will

be granted for the sole purpose of entering this Order

and Recommendation.

IT IS THEREFORE ORDERED that inþrma pauperís status is granted for the sole
purpose

of entering this Order and Recommendation. The Clerk is instructed to send

Petitioner

S

2254 forms and instructions.

IT IS RECOMMENDED that this action be filed, but then dismissed sua sponte
without prejudice to Petitioner filing a motion to amend his petition in case l:14CV185.
This,

the

ay of April,2014.

Uni

-2-

Joe L. We
States Magistrate Judge