Greystoke v. Clallam County Corrections Facility

Filing 21

ORDER that Petitioner is instructed to file a new petition for a writ of habeas corpus on the form provided by the Court. Petitioner must file a new petition on or before October 27, 2017. In the interim, or until further order of the Court , the Clerk is directed to return any documents, other than petitioner's proposed petition, to petitioner. Signed by Magistrate Judge J Richard Creatura. (Attachments: # 1 Habeas Petition form (blank))(CMG)(cc mailed to Petitioner w/blank forms)

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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JOHN GREYSTOKE, Petitioner, 11 12 13 CASE NO. 3:17-cv-05529-RBL-JRC ORDER TO FILE PETITION ON PROPER FORM v. CLALLAM COUNTY CORRECTIONS FACILITY, 14 Respondent. 15 16 Petitioner John Greystoke, proceeding pro se, filed this habeas petition pursuant to 28 17 U.S.C. § 2254. Petitioner claims various harms, including alleged abysmal living conditions and 18 mistreatment by medical staff as well as a request to be remanded to Western State Hospital 19 instead of jail. However, he has not filed his petition in the form required by § 2254 actions and 20 has followed up his petition with a series of miscellaneous and illegible letters and requests. 21 Therefore, the Court orders petitioner to refile his habeas petition on the form provided by the 22 Clerk and to cease mailing materials to the Court other than his rewritten petition or a motion to 23 proceed in forma pauperis. 24 ORDER TO FILE PETITION ON PROPER FORM - 1 1 2 BACKGROUND Petitioner, proceeding pro se, filed this petition and a motion for leave to proceed in 3 forma pauperis on July 10, 2017. Dkt. 1. On August 1, 2017, petitioner wrote a letter seeming to 4 ask that his claims be withdrawn. Dkt. 4. In response, the Court ordered petitioner to file an 5 amended petition redacting the claims he wished to drop, or, if petitioner desired that his full 6 petition be withdrawn, to file nothing and allow the Court to dismiss it without prejudice. Dkt. 5. 7 Petitioner then filed several demands for a jury trial (Dkts. 6, 10, 11) as well as numerous other 8 letters and requests. The Court has not yet granted petitioner’s motion to proceed in forma 9 pauperis. 10 11 DISCUSSION Petitioner is clearly attempting to acquire some legal remedy with his filings. However, 12 none of petitioner’s filings are in the form required by Rule 2(c) of the Rules Governing Habeas 13 Corpus Cases Under Section 2254. Further, petitioner has filed so many letters, requests, and 14 statements that the Court can no longer discern what claims petitioner is attempting to allege or 15 what remedy the Court may be able to provide. 16 Therefore, it is ORDERED: 17 Petitioner is instructed to file a new petition for a writ of habeas corpus on the form 18 provided by the Court. Petitioner must file the new petition on or before October 27, 2017 or 19 the undersigned magistrate judge will recommend that both petitioner’s motion to proceed in 20 forma pauperis, as well as his habeas petition be denied. 21 Because petitioner has been filing innumerable illegible statements with the Court, 22 petitioner shall not file any additional documents with the Court except the new proposed 23 petition for a writ of habeas corpus. At that time, the Court may direct service in this case. 24 ORDER TO FILE PETITION ON PROPER FORM - 2 1 In the interim, or until further order of the Court, the Clerk is directed to return any 2 documents, other than petitioner’s proposed petition, to petitioner. 3 The Clerk is directed to provide petitioner with the forms for filing a petition for habeas 4 corpus relief pursuant to 28 U.S.C. § 2254. The Clerk is further directed to provide copies of this 5 Order to petitioner. 6 Dated this 4th day of October, 2017. A 7 8 J. Richard Creatura United States Magistrate Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDER TO FILE PETITION ON PROPER FORM - 3

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