Henderson v. Laughlin et al
| Lewis Edward Henderson |
| Wheeler Correctional Facility and Warden Vance Laughlin |
| 1:2019cv05381 |
| November 25, 2019 |
| US District Court for the Northern District of Georgia |
| Christopher C Bly |
| Charles A Pannell |
| Habeas Corpus (General) |
| 28 U.S.C. ยง 2254 |
| None |
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Filing 3
ORDER - Petitioner Lewis Edward Henderson, confined at Wheeler Correctional Facility in Alamo, Georgia, filed a "motion for DNA testing" that was docketed as a 28 U.S.C. 2254 petition by the Clerk. (Doc. #1 .) In seeking relief, Petitioner cites both 28 U.S.C. 2254 and 42 U.S.C. 1983 and appears to allege a mixture of habeas and 1983 claims. Petitioner, however, may not proceed under both 2254 and 1983 in the same action. Accordingly, Petitioner shall be required to file an amended petition on the proper 28 U.S.C. 2254 form. Petitioner shall also be provided with a blank 42 U.S.C. 1983 form should he wish to pursue relief under 1983 in addition to or instead of 2254. Accordingly, it is ORDERED that Petitioner must, within 30 days of the entry date of this Order, submit an amended petition. Petitioner is instructed to name his immediate custodian as the proper respondent to this action, complete in detail the habeas corpus form petition provided to him by the Clerk of Court with this Order, add no more than 10 pages to the form, and write clearly and on only one side of each page. Petitioner is advised that his amended petition shall supersede and replace his previous petition. During the pendency of his case, Petitioner must keep the Clerk of Court advised of his correct address at all times. Petitioner is admonished that this action shall be subject to dismissal if he fails to submit an amended petition within the specified period of time or if he fails to keep the Clerk of Court advised of his current address at all times while this action is pending. The Clerk of Court is DIRECTED to forward a 28 U.S.C. 2254 petition form, as well as a 42 U.S.C. 1983 prisoner complaint form, to Petitioner, together with a copy of this Order. The Clerk is further DIRECTED to resubmit this action to the undersigned upon receipt of the amended petition or at the expiration of the aforementioned time period. Signed by Magistrate Judge Christopher C. Bly on 1/8/2020. (tcc)
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| Clerk's Certificate of Mailing as to Lewis Edward Henderson re #3 Order,, Forms sent to party: 42:1983 Forms; 28:2254 Forms. (tcc) |
| Submission of #1 Complaint and #2 PRO SE MOTION for DNA Testing, to Magistrate Judge Christopher C. Bly for IFP and frivolity review. (jed) |
| Filing 2 PRO SE MOTION for DNA Testing by Lewis Edward Henderson. (jed) |
| Filing 1 COMPLAINT filed by Lewis Edward Henderson. (Attachments: #1 Civil Cover Sheet)(jed) 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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