Wiggins v. Rewerts ( 2020 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION HOWARD E. WIGGINS, Petitioner, CASE NO. 2:20-CV-11546 vs. ORDER DIRECTING PETITIONER TO CORRECT RANDEE REWERTS, PROCEDURAL DEFICIENCIES Respondent. Petitioner Howard E. Wiggins, a state prisoner at the Carson City Correctional Facility in Carson City, Michigan, filed a “Motion to Stay Proceedings and Hold Petition in Abeyance.” See ECF No. 1. On June 27, 2020, the Court ordered Petitioner to pay the filing fee for his case or to apply for permission to proceed in forma pauperis within 21 days of the order. See ECF No. 2. To date, Petitioner has neither paid the filing fee, nor filed an application to proceed in forma pauperis. Additionally, although Petitioner moved for a stay and to hold his petition in abeyance, he did not file a habeas petition with his motion. A habeas action generally “begins with the filing of an application for habeas corpus relief – the equivalent of a complaint in an ordinary civil case.” Woodford v. Garceau, 538 U.S. 202, 208 (2003). A habeas petition must “allege the facts concerning the applicant’s commitment or detention,” 28 U.S.C. § 2242, ¶ 2, and “substantially follow either the form appended to [the Rules Governing Section 2254 Cases] or a form prescribed by a local district-court rule.” Habeas Rule 2(d). Furthermore, “Article III of the U.S. Constitution empowers federal courts to hear ‘Cases’ or ‘Controversies,’ nothing more,” United States v. Asakevich, 810 F.3d 418, 420 (6th Cir. 2016), and “no case or controversy generally exists before an actual § 2254 petition is filed,” United States v. Thomas, 713 F.3d 165, 168 (3d Cir. 2013). Although the Clerk of Court treated Petitioner’s pending motion as a habeas petition for purposes of commencing this action, the motion provides no information about Petitioner’s conviction, sentence, or any post-conviction remedies that he may have pursued. The motion merely lists several claims that Petitioner would like to present to the state trial court in a motion for relief from judgment. The motion is not an adequate substitute for a habeas petition. Accordingly, the Court orders Petitioner to: (1) pay the $5.00 filing fee to the Clerk of this Court or complete and file an application to proceed in forma pauperis; and (2) complete and mail a habeas corpus petition to the Clerk of this Court with the case number for this action (2:20-cv- 11546) typed or handwritten on the petition. The Court is mailing the appropriate forms to Petitioner with a copy of this order for his convenience. Upon receipt of the forms, the Court will determine whether Petitioner is entitled a stay of his federal case. But if Petitioner fails to comply with this order within thirty (30) days of the date of the order, the Court may dismiss his case without prejudice for failure to prosecute and failure to comply with a court order. IT IS SO ORDERED. /s/Terrence G. Berg________________ TERRENCE G. BERG United States District Judge Dated: November 6, 2020