Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE

NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

RONALD E. JACOBS,

Petitioner,

vs. Case No. 3:09cv575/MCR/EMT

SECRETARY, DEPARTMENT OF CORRECTIONS,

Respondent.

_____________________________/

O R D E R

This cause is before the court upon Petitioner’s filing a petition for writ of habeas corpus

pursuant to 28 U.S.C. § 2254 (Doc. 1). The court notes that Petitioner has neither applied for leave

to proceed in forma pauperis nor paid the filing fee. Before this matter may proceed, Petitioner must

either pay the filing fee or obtain leave to proceed in forma pauperis by filing a fully and properly

completed application and attachments.

Additionally, Petitioner failed to use the court-approved form for filing his habeas petition. 

Local Rule 5.1(J) for the Northern District of Florida states that the court will not accept for

consideration an application for writ of habeas corpus under 28 U.S.C. § 2254 unless the appropriate

petition form is properly completed and filed. Thus, Petitioner must file an amended petition on the

form approved for use in section 2254 cases filed in the Northern District. 

To amend his petition, Petitioner should completely fill out a new habeas petition form,

marking it “Amended Petition.” Petitioner is advised that the amended petition must contain all of

his grounds for relief, and it should not in any way refer to the original petition. The amended

petition completely replaces all previous petitions; when an amended petition is filed, all earlier

petitions are disregarded. N.D. Fla. Loc. R. 15.1. Petitioner is advised that he must obtain leave of

court and show good cause if the proposed amended petition exceeds the number of pages permitted

under N. D. Fla. Loc. R. 5.1(J)(3), that is, twenty-five (25) pages. In this regard, the court notes upon
Page 2 of 2

cursory review of the petition that good cause for permitting an over-long petition is not present. 

Accordingly, it appears unlikely that the court would grant Petitioner leave to file an amended

petition that exceeds twenty-five (25) pages. Finally, Petitioner shall provide two (2) complete

copies of the petition for service upon Respondent and the Attorney General.

Accordingly, it is ORDERED:

1. The clerk is directed to send to Petitioner a petition form for use in section 2254 cases

and an application to proceed in forma pauperis. This case number shall be written on the forms.

2. Within THIRTY(30)DAYS from the date of docketing of this order, Petitioner shall

either pay the filing fee of $5.00 or submit a fully completed application to proceed in forma

pauperis. Additionallywithin that time, Petitioner shall file an amended habeas petition, which shall

be typed or clearlywritten, submitted on the court form, and marked “Amended Petition.” Petitioner

shall submit two (2) service copies of the amended petition.

3. Petitioner’s failure to comply with this order may result in a recommendation of

dismissal of this action for failure to comply with an order of the court.

DONE AND ORDERED this 11 day of January 2010. th

/s/ Elizabeth M. Timothy 

ELIZABETH M. TIMOTHY

UNITED STATES MAGISTRATE JUDGE

Case No. 3:09cv575/MCR/EMT