Perkins v. Perkins
| Tobias Louis Perkins |
| Steven Perkins |
| 1:2019cv02077 |
| May 7, 2019 |
| US District Court for the Northern District of Georgia |
| Justin S Anand |
| Michael L Brown |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
Docket Report
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| Document Text |
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| Submission of #2 Order, to Magistrate Judge Justin S. Anand. (jta) |
Filing 2
ORDER: IT IS HEREBY ORDERED that Petitioner must, within thirty (30) days of the date of this Order, either submit the full initial filing fee of $5.00, or execute and return a financial affidavit seeking leave to proceed in forma pauperis which includes (1) an authorization allowing his custodian to withdraw funds from his inmate account; and (2) a completed certificate signed by an authorized institutional officer regarding the current balance in his inmate account. Additionally, Petitioners habeas corpus petition is insufficient in that the petition is captioned for filing in the Fulton County Superior Court, and it does not clearly demonstrate that Petitioner has exhausted his state court remedies. IT IS FURTHER ORDERED that if Petitioner intended to file a federal habeas petition in this Court, Petitioner also must, within thirty (30) days of the date of this Order, AMEND the petition by completing in detail and submitting the 28 U.S.C. 2254 habeas corpus form petition that the Clerk of Court will provide to him with this Order. Petitioner is advised that the amended petition shall supersede and replace his previous pleadings filed in this action. Petitioner is also advised that failure to pay the fee or submit the required affidavit and/or failure to amend the petition as instructed may result in dismissal of this action. The Clerk is DIRECTED to forward the appropriate financial affidavit and the proper form for filing a 2254 habeas petition together with a copy of this Order so that Petitioner can file his request to proceed in forma pauperis and an amended petition. The Clerk is further DIRECTED to resubmit this action to the undersigned Magistrate Judge upon the expiration of the aforementioned time period. Forms sent to party: Affidavit and Authorization; 28:2254 Forms. Signed by Magistrate Judge Justin S. Anand on 5/23/19. (jta)
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| Clerk's Certificate of Mailing as to Tobias Louis Perkins re #2 Order, with forms as directed. (jta) |
| Submission of #1 Petition for Writ of Habeas Corpus for IFP and Frivolity determination, to Magistrate Judge Justin S. Anand. (eop) |
| Filing 1 PETITION for Writ of Habeas Corpus filed by Tobias Louis Perkins. (Attachments: #1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. |
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| Respondent: Steven Perkins | |
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| Petitioner: Tobias Louis Perkins | |
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