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Hall v. Walsh

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


January 8, 2010

MR. JOHN W. HALL
v.
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.

20100108

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