Feaster v. Phillips

Filing 7

MEMORANDUM AND ORDER in support of the following Judgment Order. Signed by District Judge R Leon Jordan on 11/20/17. (c/m to Terrance J Feaster #491044 MORGAN COUNTY CORRECTIONAL COMPLEX PO BOX 2000 WARTBURG, TN 37887)(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
TERRANCE J. FEASTER,
Petitioner,
v.
SHAWN PHILLIPS,
Respondent.

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No. 3:16-CV-263-RLJ-HBG

MEMORANDUM AND ORDER
Terrance J. Feaster (“Petitioner”) filed a pro se petition for a writ of habeas corpus under
28 U.S.C. § 2254 [Doc. 2] and an amended petition [Doc. 3], but he had not signed either
submission under penalty of perjury. On October 5, 2017, the Court issued an order directing
Petitioner to complete, sign appropriately, and return the preprinted form petition for a writ of
habeas corpus that was enclosed with the order, within thirty days of that date [Doc. 6]. Petitioner
was advised that, if he failed to return the form petition within the time prescribed, his amended
petition would be stricken from the record and his case would be dismissed [Id.]. That 30-day
period has passed, and Petitioner has failed to file a signed § 2254 petition or otherwise
communicate with the Court in response to its order.
Accordingly, the Clerk is DIRECTED to strike the amended petition [Doc. 3]. See Fed.
R. Civ. P. 11(a) (requiring a court to strike an unsigned paper unless the omission is corrected
promptly after being called to the party’s attention). This action will be DISMISSED without
prejudice.
Finally, due to the nature of this dismissal, the Court FINDS that Petitioner has not made
a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), and that jurists

of reason would not find it debatable whether this Court was correct in its procedural ruling. Slack
v. McDaniel, 529 U.S. 473, 484 (2000). Hence, a certificate of appealability will not issue in this
case.
A separate judgment will enter.

IT IS SO ORDERED.
ENTER:

s/ Leon Jordan
United States District Judge

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