Opinion
CIVIL 3:23-CV-78-CDL-CHW
08-04-2023
DANIEL DELANE COOK, Petitioner, v. Warden EDWARD PHILBEN, Respondent.
ORDER
Charles H. Weigle, United States Magistrate Judge
Pro se Petitioner Daniel Delane Cook, an inmate currently confined in the Augusta State Medical Prison in Grovetown, Georgia, has filed a document in which he appears to request that the Court enter an “order authorizing the district court to consider a second state habeas” to “prevent a miscarriage of justice.” Mot. 1, ECF No. 1. This Court has authority only to hear federal habeas corpus actions. Petitioner's motion (ECF No. 1) is therefore DENIED. If Petitioner wishes to proceed with this case as a federal habeas corpus action challenging a state conviction pursuant to 28 U.S.C. § 2254, he must recast his petition using the Court's standard form and submit it-with either payment of the $5.00 filing fee or a motion for leave to proceed in forma pauperis-within FOURTEEN (14) DAYS of the date shown on this Order. The Clerk is DIRECTED to mail Petitioner copies of the appropriate forms for this purpose, marked with the case number of the abovecaptioned action.
Petitioner is also instructed to notify the Court in writing of any change in his mailing address. Failure to fully and timely comply with this Order may result in the dismissal of Petitioner's application for habeas relief. There will be no service of process in this case until further order.
SO ORDERED.