Collinge v. Bellinder et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ADAM B. COLLINGE,
Petitioner,
v. 	CASE NO. 25-3226-JWL
BRIAN BELLINDER, et al.,
Respondents.
MEMORANDUM AND ORDER
This matter is a pro se petition for writ of habeas corpus filed by Petitioner and state
prisoner Adam B. Collinge. Petitioner has moved for leave to proceed in forma pauperis (Docs. 2
and 4) and his motion will be granted. In addition, Rule 4 of the Rules Governing Section 2254
Cases in the United States District Courts requires the Court to review a habeas petition upon filing
and to dismiss it “[i]f it plainly appears from the petition and any attached exhibits that the
petitioner is not entitled to relief in the district court.” Because Petitioner is proceeding pro se, the
Court liberally construes the pleading, but it may not act as Petitioner’s advocate. See James v.
Wadas, 724 F.3d 1312, 1315 (10th Cir. 2013). “[T]he court cannot take on the responsibility of
serving as the litigant’s attorney in constructing arguments and searching the record.” Garrett v.
Selby Connor Maddux & Janer, 425 F.3d 836, 840 (10th Cir. 2005). It “‘may not rewrite a petition
to include claims that were never presented.’” Childers v. Crow, 1 F.4th 792, 798 (10th Cir. 2021)
(citation omitted).
The Court has conducted the Rule 4 review of the petition filed in this case and finds that
the petition seeks to challenge Petitioner’s convictions in Pawnee County, Barton County, and
Shawnee County. (Doc. 1, p. 1.) Rule 2(e) of the Rules Governing Section 2254 Cases in the
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United States District Courts states: 	“A petitioner who seeks relief from judgments of more than
one state court must file a separate petition covering the judgment or judgments of each court.”
Thus, the petition that began this case fails to comply with Rule 2(e). Petitioner will be granted
time in which to file an amended petition under this case number that challenges only the judgment
of one state court, whether that be the judgment from Pawnee County, Barton County, or Shawnee
County. If Petitioner wishes to challenge judgments from additional counties, he must begin a new
case for each judgment he wishes to challenge under 28 U.S.C. § 2254.
In other words, if Petitioner chooses to seek federal habeas relief related to a conviction or
convictions in Pawnee County in this case, he must file in this case an amended petition limited to
those convictions. If he also wishes to seek federal habeas relief related to a conviction or
convictions in Barton County, he must file a petition to begin a separate case seeking federal
habeas relief from his Barton County convictions. And if he also wishes to seek federal habeas
relief related to a conviction or convictions in Shawnee County, he must file a petition to begin a
third case seeking federal habeas relief from his Shawnee County convictions.
The Court will direct the clerk to provide Petitioner with the required form for filing an
amended petition in this matter. If Petitioner fails to timely file an amended petition in this matter
that challenges only the judgment from one state court, this matter will be dismissed without
prejudice. See Portley-el v. Brill, 380 Fed. Appx. 744, 745-46 (10th Cir. 2010) (finding reasonable
jurists would not conclude dismissal without prejudice was abuse of discretion when petition failed
to comply with Rule 2(e) and petitioner did not avail himself of opportunity to amend). The Court
also will direct the clerk to provide Petitioner with the required forms for filing petitions—and
beginning new federal habeas cases—seeking federal habeas relief from convictions that occurred
in additional counties.
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IT IS THEREFORE ORDERED that the motion for leave to proceed in forma pauperis
(Doc. 2) is granted. Petitioner is granted to and including December 9, 2025, in which to file an
amended petition in this matter that complies with Rule 2(e) of the Rules Governing Section 2254
Cases in the United States District Courts. The Clerk is directed to provide Petitioner with the
required form for filing an amended petition in this case. The Clerk also is directed to provide
Petitioner with two copies of the forms required to begin two separate, additional habeas cases
seeking relief under 28 U.S.C. § 2254.
IT IS SO ORDERED.
DATED: 	This 3rd day of November, 2025, at Kansas City, Kansas.
S/ John W. Lungstrum
JOHN W. LUNGSTRUM
United States District Judge
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