United States District Court, D. Arizona
HONORABLE G. MURRAY SNOW UNITED STATES DISTRICT JUDGE.
4, 2018, Petitioner Naji Munaji Talib Abdullah, who is
confined in the Arizona State Prison Complex-Lewis in
Buckeye, Arizona, filed a pro se Petition for Special Action
(“Petition”) (Doc. 1), which the Court will
construe as a petition for writ of habeas corpus pursuant to
28 U.S.C. § 2254, and a document entitled “Legal
Question.” On June 11, 2018, Petitioner filed a
Motion to Correct Petition (Doc. 6); on July 9, 2018, he
lodged an Amended Petition for Special Action.
Failure to Comply with Local Rule 3.5(b)
3.5(b) of the Local Rules of Civil Procedure requires that
“[i]f a habeas corpus petitioner desires to prosecute
the petition in forma pauperis, the petitioner shall file an
application to proceed in forma pauperis on a form approved
by the Court, accompanied by a certification of the warden or
other appropriate officer of the institution in which the
petitioner is confined as to the amount of money or
securities on deposit to the petitioner's credit.”
Rule 3.5(b) also requires payment of the $5.00 filing fee if
a petitioner has in excess of $25.00 in his inmate account.
Petitioner has not paid the $5.00 filing fee or filed an
Application to Proceed In Forma Pauperis, Petitioner will be
given 30 days from the date this Order is filed to either pay
the $5.00 filing fee or file a complete Application to
Proceed In Forma Pauperis using the form included with this
Petition not on Court-Approved Form
to Rule 3.5(a) of the Local Rules of Civil Procedure,
Petitioner is required to use a court-approved form when he
files a pro se petition pursuant to 28 U.S.C. § 2254.
The Court may, in its discretion, forgo the requirement that
a petitioner use a court-approved form. See LRCiv
3.5(a). The Court will require use of the court-approved form
because Petitioner's Petition does not substantially
comply with the court-approved form. The Court will dismiss
the Petition without prejudice and with leave to file an
amended petition on a court-approved form within 30 days.
Motion to Correct Petition
Motion to Correct Petition, Petitioner states that he would
like to correct page 1, line 11 of his Petition for Special
Action and submit another exhibit. The Court will deny
without prejudice Petitioner's Motion to Correct Petition
because the Amended Petition for Special Action is not on the
court-approved form. If Petitioner files an amended petition
on a court-approved form, he can correct the caption and
include any relevant exhibits with his amended petition.
Leave to Amend
30 days, Petitioner may submit an amended petition on the
court-approved form. The Clerk of Court will mail Petitioner
a court-approved form to use for filing a § 2254
Petition. If Petitioner fails to use the court-approved form,
the Court may strike the amended petition and dismiss this
action without further notice to Petitioner.
amended petition should clearly set out each claim Petitioner
is making. If Petitioner cannot fit all of his supporting
facts or arguments in favor of a particular ground on the
court-approved form, then he may continue on an attachment,
but each matter on any attachment must be clearly referenced
to a particular ground on the court-approved form.
amended petition must be retyped or rewritten in its entirety
on the court-approved form and may not incorporate any part
of the original Petition by reference. Any amended petition
submitted by Petitioner should be clearly designated as such
on the face of the document.
amended petition supersedes the original Petition. Ferdik
v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992);
Hal Roach Studios v. Richard Feiner & Co., Inc.,
896 F.2d 1542, 1546 (9th Cir. 1990). After amendment, the
original pleading is treated as nonexistent. Ferdik,
963 F.2d at 1262. Any ground for relief that was raised in
the original Petition and that was voluntarily dismissed or
was dismissed without prejudice is waived ...