Opinion
8:22-cv-2256-WFJ-SPF
10-11-2022
JAROL SANTIAGO, Appellant/Plaintiff, v. SECRETARY, DEPARTMENT OF CORRECTIONS, Appellee/Defendant.
Jarol Santiago, pro se
Jarol Santiago, pro se
ORDER
WILLIAM F. JUNG, UNITED STATES DISTRICT JUDGE
Mr. Santiago, a Florida prisoner, filed a “Notice of Appeal” (Doc. 1) in which he appears to state he intends to file a petition for the writ of habeas corpus under 28 U.S.C. § 2254 and asserts the petition will be timely under the applicable federal statute of limitations. He failed, however, to file a habeas petition alleging the grounds under which he claims entitlement to relief.
Rule 3, Fed.R.Civ.P., provides that "[a] civil action is commenced by filing a complaint with the court." Because Mr. Santiago failed to file a complaint or petition to initiate an action, this case is DISMISSED without prejudice to Mr. Santiago filing a petition for the writ of habeas corpus in a new case with a new case number. The Clerk of Court shall enclose a copy of the court-approved form used to initiate a § 2254 action with Mr. Santiago's copy of this Order and close this case.