Pugh v. Gordy

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JASON PUGH, 	)
AIS #212315, 	)
Petitioner, 	)
)
v. 	) CIVIL ACTION NO. 1:22-00322-KD-N
)
WARDEN CYNTHIA MCCOVERY, 	)
Respondent. 	)
ORDER
Petitioner Jason Pugh, an Alabama inmate proceeding pro se, filed a document
with the Court directed to the “Clerk of Court” setting out his grievances with a
criminal matter currently pending in Alabama state court (Doc. 1. PageID.1). The
District Judge assigned to this case referred this filing to the undersigned Magistrate
Judge for appropriate action. See S.D. Ala. GenLR 72(b); (8/18/2022 electronic
reference). In an order dated August 25, 2022, the Court construed the filing as a 28
U.S.C. § 2254 habeas petition and ordered Pugh to refile the petition on the Court’s
form and pay the required filing fee or file for leave to proceed without prepayment
of the filing fee. (Doc. 2). However, upon further consideration of the substance of
Pugh’s filing, the Court finds that Pugh may have intended to send his filing to the
Circuit Court of Escambia County in Brewton, Alabama rather than this Court—the
United States District Court for the Southern District of Alabama. In the caption of
the document, Pugh lists the state court case number of the conviction he challenges
and names the State of Alabama as the opposing party. (Doc. 1, PageID.1). Further,
in a related filing sent to this Court in the same envelope (see 1:22-cv-00323-KD-N
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PageID.1), Pugh states that “this petition will be [his] last petition in this Honorable
Court of Escambia County Brewton Ala.” (Doc. 1, PageID.1).
Accordingly, the Court WITHDRAWS its Order dated August 25, 2022 (Doc.
2) and DIRECTS the Clerk to send Pugh’s initial filing and a copy of this order (Doc.
1) to John Robert Fountain, Circuit Clerk, Post Office Box 856, Brewton, AL 36427.
Further, the Clerk is DIRECTED to administratively TERMINATE this case.
If Pugh did intend to file his original document with the United States
District Court for the Southern District of Alabama seeking federal habeas
corpus relief, then he is directed to fill out the appropriate form petition
sent to him with a copy of the Court’s August 25, 2022 Order and either pay
the statutory $5.00 filing fee or file a motion for leave to proceed in forma
pauperis.
DONE and ORDERED this the 1st day of September 2022.
/s/ Katherine P. Nelson
KATHERINE P. NELSON
UNITED STATES MAGISTRATE JUDGE
Case 1:22-cv-00322-KD-N Doc# 3 Filed 09/01/22 Page 2 of 2 PageID#
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