Petitioner originally filed his petition on June 13, 2006 in the United States District Court for the 1

Northern District of Florida. By order entered July 27, 2006 the United States District Court for the

Northern District of Florida directed that Petitioner’s habeas petition be transferred to this court. 

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF ALABAMA

NORTHERN DIVISION

 _______________________________

HOWARD GLENN TOOLE, #C 917683 *

Petitioner, *

 v. * 2:06-CV-714-MHT

JAMES MCDONOUGH, et al., * 

Respondents. *

 _______________________________

O R D E R

The court received the above-captioned petition for filing on August 9, 2006. A 1

review of the petition reflects that Petitioner seeks to challenge the judgments of more than

one state court. Specifically, Petitioner asserts claims for relief against judgments entered

against him by both the Circuit Court for Coffee County, Alabama, and the Circuit Court for

Pike County, Alabama. Petitioner may not challenge the judgment(s) of separate state courts

in a single petition. 

Petitioner is advised that, pursuant to Rule 2(d), Rules Governing Section 2254 Cases

in the United States District Courts, “[a] petition shall be limited to the assertion of a claim

for relief against the judgment or judgments of a single state court (sitting in a county or

other appropriate political subdivision). If a petitioner desires to attack the validity of the

judgments of two or more state courts under which he is in custody or may be subject to

future custody, as the case may be, he shall do so by separate petitions. See also Rule 2(e),

Case 2:06-cv-00714-MHT-WC Document 3 Filed 08/14/2006 Page 1 of 2
Rules Governing Section 2254 Cases in the United States District Court. 

 Accordingly, the Clerk is DIRECTED to return to Petitioner his application for

habeas corpus relief (Doc. No. 1) and retain a copy of the petition in the instant file. See

Rule 2(e), Rules Governing Section 2254 Cases in the United States District Courts. 

It is further

ORDERED that on or before August 28, 2006, Petitioner shall file a corrected

petition in the above-captioned action which challenges only the judgment(s) entered

against him by the Circuit Court for Pike County, Alabama, on a form for use in filing a

habeas corpus petition under 28 U.S.C. § 2254. See Local Rule 9.1 (requiring pro se

litigants to utilize court's forms). Petitioner’s original petition shall be superseded by this

amended petition. That means Petitioner shall no longer rely on the original petition. It is

further 

ORDERED that on or before August 28, 2006 Petitioner shall either submit the $5.00

filing fee or file the appropriate affidavit in support of a motion for leave to proceed in forma

pauperis.

The Clerk is DIRECTED to send to Petitioner a form for use in filing a habeas corpus

application under § 2254 along with a form for use in filing an application for in forma

pauris status. Petitioner is advised that his failure to file an amended petition within the

prescribed time and in accordance with the directives contained in this order and his failure

to submit the $5.00 filing fee or a request for leave to proceed in forma pauperis will result

in a Recommendation that this case be dismissed for failure to obey the orders of the court.

Done, this 14 day of August 2006. th

/s/ Vanzetta Penn McPherson

VANZETTA PENN MCPHERSON

UNITED STATES MAGISTRATE JUDGE

Case 2:06-cv-00714-MHT-WC Document 3 Filed 08/14/2006 Page 2 of 2