Chilton v. Warden

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
BRETT MICHAELS CHILTON, 	)
)
Petitioner, 	)
)
v. 	) 	Case No. 1:25-cv-00172-SNLJ
)
WARDEN, USP BIG SANDY, 	)
)
Respondent. 	)
MEMORANDUM AND ORDER
Petitioner Brett Michaels Chilton seeks a writ of habeas corpus in this matter.
[Doc. 1]. As explained in the Court’s October 23, 2025 Order, the Court construes this
filing as seeking habeas relief under 28 U.S.C. § 2241. [Doc. 2]. However, Petitioner’s
filing is defective as a petition initiating suit because it was not drafted on a Court form
as required by the Local Rules. E.D. Mo. L. R. 2.06(A). In addition, Petitioner has
neither paid the filing fee nor filed a motion for leave to proceed in forma pauperis. E.D.
Mo. L. R. 2.01(B)(1).
The Court will direct the Clerk of Court to send Petitioner a blank “Petition for a
Writ of Habeas Corpus Under 28 U.S.C. § 2241” form. Petitioner has thirty (30) days
from the date of this Order to file an amended petition on the court form. In that same
time, Petitioner must either file a motion to proceed in forma pauperis or pay the $5.00
filing fee.
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Accordingly,
IT IS HEREBY ORDERED that the Clerk of Court shall mail to Petitioner blank
copies of the Court’s “Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241”
form and “Motion to Proceed in Forma Pauperis and Affidavit in Support – Habeas
Cases” form.
IT IS FURTHER ORDERED that, within thirty (30) days of the date of this
Order, Petitioner shall file an amended petition on the Court-provided form.
IT IS FURTHER ORDERED that, within thirty (30) days of the date of this
Order, Petitioner shall either pay the $5.00 filing fee or submit a motion to proceed in
forma pauperis on the Court-provided form.
IT IS FINALLY ORDERED that if Petitioner fails to comply with this Order,
the Court will dismiss this action without prejudice.
Dated this 4th day of November, 2025.
____________________________________
STEPHEN N. LIMBAUGH, JR.
SENIOR UNITED STATES DISTRICT JUDGE
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