1:25-cv-00172•Chilton v. Warden
Full text
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. Case: 1:25-cv-00172-SNLJ Doc. #: 3 Filed: 11/04/25 Page: 1 of 2 PageID #: <pageID>
2 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 Case: 1:25-cv-00172-SNLJ Doc. #: 3 Filed: 11/04/25 Page: 2 of 2 PageID #: <pageID>
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.