United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
M. BODENHAUSEN, UNITED STATES MAGISTRATE JUDGE
matter is before the Court on a document filed by petitioner
Frank Carter that has been construed as a petition for writ
of habeas corpus pursuant to 28 U.S.C. § 2254. The
petition is not on a Court form and petitioner has not filed
a motion to proceed in forma pauperis or paid the filing fee.
Accordingly, for the reasons discussed below, petitioner will
be ordered to file an amended petition. Additionally, he will
be ordered to either file a motion for leave to proceed in
forma pauperis or pay the filing fee.
filed a document with the Court on February 19, 2019 that has
been construed as a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The petition is
handwritten and not on a Court form.
petition, plaintiff states that in 2007, he was
“Interstate Compacted to the State of Missouri from the
State of Texas.” (Docket No. 1 at 1). Since that time,
he has been “clean with no infractions.” He
alleges that it “appears that the State of Texas has
apparently, with the [aid] of the State of Missouri, cemented
the null and void trial court judgment which is based on
intentional bad faith fraud on the court and falsification of
documents.” Petitioner claims that he is being
“held in penal slavery outside of all law.” He
asserts that his case was “interstate compacted”
to the State of Missouri as a knowing and intentional act
“in furtherance of [continuing] this travesty of
justice in violation of all constitutional norms.”
Petitioner notes that “a void judgment may be raised at
any time in any court by the aggrieved party.” Further,
petitioner states that the “authorities” have
falsely labeled him as a sex offender.He states that the
“false label of sex offender has confined [him] to a
true life sentence until death.” (Docket No. 1 at 2).
The purportedly-false label effects the type of employment he
might seek, as well as his right to vote. As such, he
requests that an “investigation, inquiry and
review” be undertaken “into whether or not the
false charge reflected in [his] parole file was placed there
by the State of Missouri or Texas and whether or not it is
the reason why it appears that [he] must be on lifetime
parole.” He also asks that this
“correspondence” be treated as a federal writ of
habeas corpus, as he has “no other way of presenting
these issues” to the Court.
has filed a document that he asks to be treated as a federal
writ of habeas corpus and which the Court has construed as a
petition for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254. The petition is deficient because it is not on a
Court form. See E.D. Mo. L.R. 45 -2.06(A)
(“All actions brought by pro se plaintiffs or
petitioners should be filed on Court- provided forms”).
Because the petition is not on a Court form, it is missing
vital information necessary for petitioner's action to
proceed. As such, the Clerk of Court will be directed to send
to plaintiff a copy of the Court's § 2254 form.
Petitioner is directed to complete the form in its entirety.
It is especially important that petitioner provide
information relating to the judgment that he is attacking,
including the case number if that is known. Moreover,
petitioner should indicate whether he has filed a previous
writ of habeas corpus regarding his state judgment in federal
Clerk of Court will also be directed to send to petitioner a
copy of the Court's motion to proceed in forma pauperis
form. Petitioner must either file a motion to proceed in
forma pauperis or pay the filing fee.
will be given thirty days from the date of this order in
which to file an amended petition on a Court form and to
either pay the filing fee or move to proceed in forma
pauperis. Failure to comply with this Court order will result
in the dismissal of this case without prejudice and without
IT IS HEREBY ORDERED that the Clerk of Court
shall send to petitioner a copy of the Court's 28 U.S.C.
§ 2254 form.
IS FURTHER ORDERED
the Clerk of Court shall send to petitioner a copy of the
Court's motion to proceed in forma pauperis form.
IS FURTHER ORDERED that petitioner shall have
thirty (30) days from the date of this order
in which to file an amended petition on a Court form.
IS FURTHER ORDERED that petitioner is directed to
either pay the filing fee or submit a motion for leave to
proceed in forma pauperis ...