Opinion
4:21CV94-SA-RP
08-13-2021
ELTON HARPER PETITIONER v. CIRCUIT COURT OF WASHINGTON COUNTY, ET AL. RESPONDENTS
ORDER REQUIRING PETITIONER TO CHOOSE WHETHER HE WISHES THE COURT TO CONSTRUE HIS PLEADING AS AN INITIAL PETITION FOR A WRIT OF HABEAS CORPUS
SHARION AYCOCK U.S. DISTRICT JUDGE
This matter comes before the court, sua sponte, to provide the petitioner with the opportunity to choose whether he wishes this court to construe his pleading as an initial petition for a writ of habeas corpus under 28 U.S.C. § 2254. Before the plaintiff chooses, the court must caution him regarding the consequences he could face should the court deny his petition. United States v. Castro, 540 U.S. 375, 383 (2003). The court, therefore, notifies the petitioner:
(1) The court intends to construe the pleading as an initial petition for a writ of habeas corpus,
(2) This recharacterization means that any subsequent petition will be subject to the restrictions on “second or successive” petitions,
(3) He has 21 days to either withdraw the petition - or to amend it so that it contains all the habeas corpus claims he believes he has.
SO ORDERED.