KNOX v. PERRY

Filing 2

ORDER AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOE L. WEBSTER on 06/05/2014, that in forma pauperis status is granted for the sole purpose of entering this Order and Recommendation. The the Clerk is instructed to send Petitioner new § 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,

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)
Petitioner,
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)
)
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Responden t. )

1:14CV458

OF UNITED STATES MAGISTRATE JUDGE

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

U.S.C. ç 2254 for writ of habeas corpus by a person in state custody. For the following
reasons, the Petition cannot be further processed.
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2.

The filing fee was not received, nor was an afhdavit to proceed in þrma
pauperís submitted and signed by Petitioner.
Petitioner is already pursuing a $ 2254 petition in case I :14CV185 as to the
same convictions listed in the present Petition. As the Court has now
instructed Petitioner multiple times, all challenges to these convictions must
be raised in that case. Petitioner should not file new cases challenging those
same convictions and continuing to do so will not result in relief or in his
claims being heard. He must raise all challenges to these convictions in case
1:14CV185 by filing a motion to amend in that case and placing that case
number on any document he wishes to have filed in that case. He must receive
permission from the Court in order to amend that case.

Because

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

without prejudice to Petitioner filing

a

motion to amend his pending habeas petition in case

1:14CV185. 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. He may attach the completed forms to his motion to amend as a
proposed amendment and file them with the motion in case l:14CV185. He should not
continue to waste his ancl the Court's time ancl resor¡rces by filing the forms as a new and
separate case.

In forma pauperís status

will

be granted for the sole purpose of entering this Order

and Recommendation,

IT IS THEREFORE ORDERED that ínþrma pauperís status is granted for the sole
purpose of entering this Order and Recommendation.

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 1:14CV185.
This, the

f\ay

of June, 2014.

oe L. Webster
United States Magistrate Judge

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