Thompson v. LNU

Filing 6

SECOND ORDER TO CURE DEFICIENCIES. Petitioner shall cure the petition's defects as indicated above and pay the $5.00 filing fee applicable to habeas actions, or file an in forma pauperis application with the required financial information by September 22, 2017. Signed by Magistrate Judge Charles B Goodwin on 090/01/2017. (jb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JOHN THOMPSON JR.,
Petitioner,
v.
FNU LNU,
Respondent.

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Case No. CIV-17-812-W

SECOND ORDER
TO CURE DEFICIENCIES
The Court is in receipt of a handwritten document that John Thompson Jr., an
Oklahoma prisoner appearing pro se, has tendered purporting to challenge a judgment of
conviction entered in the District Court of Muskogee County, Oklahoma. See Pet. (Doc.
No. 1) at 1-6 (citing J. & Sent., State v. Thompson, No. CF-97-687 (Muskogee Cty. Dist.
Ct. Dec. 4, 1998)). Petitioner’s filing, which the Court liberally construes as a petition for
writ of habeas corpus under 28 U.S.C. § 2254(a), is deficient in the areas indicated below:
☒

The petition is not on the Court’s approved form. Petitioner’s handwritten
filing does not provide all of the information, or its equivalent, required by
the Court’s approved form.

☒

The petition is not signed and verified under penalty of perjury.

☒

Petitioner has neither paid the required $5.00 filing fee nor filed an
application to proceed in forma pauperis in this habeas action.

See LCvR 3.5, 9.2; 28 U.S.C. § 2242. Additionally, it is not clear from the face of
Petitioner’s filing whether Petitioner actually intended to file an action challenging the
legality of his confinement and seeking release from state custody, or whether Petitioner
simply seeks a federal court’s help in obtaining transcripts and other documents from the

Muskogee County District Court. Pet. at 1, 3, 6; 28 U.S.C. §§ 2242, 2254; see also Pet’r’s
Notice of Aug. 14, 2017 (Doc. No. 5) at 1-2.
ACCORDINGLY, IT IS HEREBY ORDERED that Petitioner, if he intends to
proceed with this habeas action, shall have one additional opportunity to: (1) cure the
petition’s defects as indicated above; and (2) pay the $5.00 filing fee applicable to habeas
actions, or file an in forma pauperis application with the required financial information.
See Order of Aug. 4, 2017 (Doc. No. 4) at 1-2 (directing Petitioner to cure the same
deficiencies by August 25, 2017). Petitioner’s failure to comply with this Order by
September 22, 2017, may result in the dismissal of this action without prejudice. See
LCvR 3.2, 3.3(e).
ADDITIONALLY, Petitioner may show a copy of this Order to state prison officials
as proof that the U.S. District Court for the Western District of Oklahoma has ordered
Petitioner to cure his habeas petition and to pay the $5.00 filing fee or file a properly
completed in forma pauperis application by a date certain. See Pet’r’s Notice of Aug. 14,
2017, at 2 (“P.S. I have $5.00 on my book I can send. Help me.”).
The Clerk of the Court is directed to send this Order, along with a copy of the
Court’s standard Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254 and
Application for Leave to Proceed In Forma Pauperis, to Petitioner at his address of record.
IT IS SO ORDERED this 1st day of September, 2017

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