Opinion
CIVIL ACTION H-14-2889
10-20-2014
JEFFERY MARX, (TDCJ-CID #716623) Petitioner, v. WILLIAM STEPHENS, Respondent.
MEMORANDUM ON DISMISSAL
On October 8, 2014, Jeffery Marx filed a petition for federal habeas corpus relief, Civil Action Number 4:14-2868. On October 9, 2014, this court transferred that petition to the Western District of Texas, Austin Division.
On October 10, 2014, Marx filed a letter inquiring about the status of his previously-filed petition. The letter was construed as a petition for a writ of habeas corpus and docketed as a second petition for a writ of habeas corpus under 28 U.S.C. § 2254, and assigned Civil Action Number 4:14-2889. It appears that Marx intended to inquire about pleadings in Civil Action Number 4:14-2868, not file a second petition.
This civil action filed by Jeffery Marx (TDCJ-CID #716623) is DISMISSED without prejudice as improvidently filed. Marx's motion to proceed in forma pauperis, (Docket Entry No. 2), is GRANTED. Any remaining pending motions are DENIED as moot.
The Clerk is directed to file a copy of the petition, (Docket Entry No. 1), from the instant case, and docket that pleading as a supplemental pleading in Civil Action Number 4:14-2868.
SIGNED at Houston, Texas, on 10-20, 2014.
/s/_________
VANESSA D. GILMORE
UNITED STATES DISTRICT JUDGE