Deaton v. Joyner

Filing 2

ORDER Petitioner shall submit $5.00 filing fee or a properly executed motion to proceed in forma pauperis within 30 days of entry of this Order; Petitioner also advised to submit a Memorandum in Support of his 1 Petit ion for Writ of Habeas Corpus within the same 30 days. (Filing Fee or IFP Motion and Memorandum in Support are due by 2/14/2013). Signed by District Judge Martin Reidinger on 1/15/13. (IFP Motion form sent to Petitioner's counsel of record via separate email.)(ejb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
1:12-CV-359-MR
MICHAEL CHAD DEATON,
Petitioner,
v.
CARLTON JOYNER,
Respondent.

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ORDER

THIS MATTER is before the Court on an initial review of Petitioner’s
Petition for Writ of Habeas Corpus, filed pursuant to 28 U.S.C. § 2254.
[Doc. No. 1]. The Court first notes that Petitioner has not submitted the
necessary filing fee of $5.00 or submitted a properly executed motion to
proceed in forma pauperis. The Court also notes that Petitioner’s counsel
has not filed a supporting memorandum with this Section 2254 petition.
IT IS, THEREFORE, ORDERED that:
1.

Petitioner shall submit the $5.00 filing fee or a properly executed

motion to proceed in forma pauperis within thirty (30) days of entry of this
Order. Petitioner is warned that failure to comply with this Order will result
in the dismissal of his Section 2254 petition.

2.

In the event that Petitioner elects to proceed with his Section 2254

challenge, he is advised to submit a memorandum detailing the arguments
he contends entitle him to relief in this habeas proceeding. This
memorandum, and any supporting state court documents, should be
submitted along with the $5.00 filing fee or the motion to proceed in forma
pauperis within thirty (30) days from entry of this Order.
3.

The Clerk of Court is directed to send a copy of this Order to

Petitioner’s counsel of record along with form documents pertaining to a
motion to proceed in forma pauperis.
IT IS SO ORDERED.
Signed: January 15, 2013