IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
January 8, 2010
MR. JOHN W. HALL
JEROME WALSH, ET AL.
The opinion of the court was delivered by: Edmund V. Ludwig, J.
MEMORANDUM AND ORDER
Petitioner filed a petition for writ of habeas corpus relief under 28 U.S.C. § 2241. However, it was written on the first page of the instruction form for a petition under 28 U.S.C. § 2254. Petitioner's claims involve the delay of implementation of his parole to a Community Corrections Residency. Petitioner's proper course is to proceed under 28 U.S.C. § 2254. Contrary to Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 cases in the United States District Courts, petitioner did not use the required 28 U.S.C. § 2254 form prescribed by this Court, effective October 2009. Use of the Court's form in proceedings under 28 U.S.C. § 2254 is designed to assure that a petitioner is given notice of the warnings required by USA v. Thomas, 221 F.3d 430 (3d Cir. 2000) (relating to the statute of limitations set forth in 28 U.S.C. § 2244(d)); and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000) (relating to restrictions on the right of a petition to file a "second or successive" petition under 28 U.S.C. § 2254). The specific Thomas and Mason warnings are contained in the introductory text of the Court's standard form.
AND NOW, this 8th day of January, 2010, it is ordered:
1. The Clerk of the Court shall furnish petitioner with a blank copy of this Court's form for filing a petition under 28 U.S.C. § 2254 setting forth the above-captioned civil action number; and
2. Petitioner shall complete this Court's standard form of petition as directed by Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 Cases in the United States District Courts, sign the completed petition, and return it to the Clerk of Court within thirty (30) days - otherwise, this action will be dismissed without further notice.
© 1992-2010 VersusLaw Inc.