Opinion
1:21-cv-838
06-10-2021
DOUGLAS PRESTON SMITH, Petitioner, v. DISTRICT ATTORNEY FOR CUMBERLAND COUNTY, et al., Respondents
ORDER
SYLVIA H. RAMBO UNITED STATES DISTRICT JUDGE
AND NOW, on this 10th day of June 2021, for the reasons set forth in the Memorandum accompanying this Order, IT IS ORDERED THAT:
1. Petitioner's petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE to Petitioner's right to file, within thirty (30) days of the date of this Order, an amended § 2254 petition that sets forth cognizable claims for habeas corpus relief;
2. The Clerk of Court is directed to provide Petitioner this Court's form for filing a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254; and
3. Petitioner is advised that if he fails to file an amended § 2254 petition as set forth above, the dismissal of his original § 2254 petition (Doc. No. 1) will be deemed to be with prejudice.