Cook v. Baldwin et al (INMATE 3)
| Landis Tarel Cook |
| Jeffery Baldwin, Steven T. Marshall and State of Alabama |
| 2:2022cv00089 |
| February 22, 2022 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| W Harold Albritton |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing 4
ORDER: Cook incorrectly filed this action using a form meant for petitions for post-conviction relief under Rule 32 of the AL Rules of Criminal Procedure. The appropriate vehicle for Cook to challenge the state court judgment under which he is incarcerated is a petition for writ of habeas corpus under 28 U.S.C. 2254. Therefore, this petition will be construed as a petition for writ of habeas corpus under 28 U.S.C. 2254. In compliance with Castro v. United States, the Court hereby ADVISES Cook of its recharacterization of his petition as a petition for a writ of habeas corpus under 28 U.S.C. 2254. The Court CAUTIONS Cook that this recharacterization renders his 2254 petition and any subsequent 2254 petition susceptible to the procedural limitations imposed upon a 2254 petition. Specifically, Cook is cautioned that this 2254 petition and any subsequent 2254 petition is subject to the one-year federal limitation period and the successive-petition bar applicable to 2254 petitions. In further compliance with Castro, it is ORDERED that by 4/6/2022, Cook shall inform the Court whether he seeks to: (1) proceed before the Court under 28 U.S.C. 2254 on the claims in the original petition, i.e., Doc. #1 ; or (2) amend his petition to assert any additional claims under 28 U.S.C. 2254 on which he wishes to challenge the state court judgment; or (3) withdraw his petition. To assist Cook in setting forth his claims, the Clerk of Court is DIRECTED to provide Cook with a form for filing a petition for writ of habeas corpus under 28 U.S.C. 2254. Cook is CAUTIONED that if he fails to comply with this order, this case will proceed under 28 U.S.C. 2254 with the Court considering only matters in the original petition, i.e., Doc. #1 . Signed by Honorable Judge Jerusha T. Adams on 3/16 /2022. Copy with Petition for Writ of Habeas Corpus under 28 U.S.C. 2254 form mailed to Plaintiff as directed.(dmn, )
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Filing 3
Filing fee received: $5.00, receipt number 4602066253. (bes, )
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Filing 2
ORDER: it is ORDERED that on or before 3/16/2022, Cook shall either submit the $5.00 filing fee or file the appropriate affidavit in support of a motion for leave to proceed in forma pauperis, as further set out in order; copy of IFP form mailed as directed. Signed by Honorable Judge Jerusha T. Adams on 2/24/2022. (wcl, )
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Landis Tarel Cook. (NO IFP; NO FILING FEE)(bll, )
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