Case 5:15-cv-03984-JCJ Document 3 Filed 07/31/15 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA
STANLEY J. CATERBONE,

:
:
:
v.
:
:
LANCASTER BEHAVIORAL HEALTH, et al.,
:
Respondents. :
Petitioner

CIVIL ACTION NO. 15-CV-3984

ORDER
Petitioner filed a petition for habeas corpus relief pursuant to 28 U.S.C. 2254. Contrary
to Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 Cases in the United
States District Courts, Petitioner did not use the current standard 28 U.S.C. 2254 form as has
been required by this court since July 2010. Use of the courts current standard form in
proceedings under 28 U.S.C. 2254 is necessary to assure that a petitioner is made aware of the
warnings required pursuant to United States v. Thomas, 221 F.3d 430 (3d Cir. 2000) (relating to
the statute of limitations set forth in 28 U.S.C. 2244(d)), and Mason v. Meyers, 208 F.3d 414
(3d Cir. 2000) (relating to limitations on the right of the petitioner to file a second or
successive petition under 28 U.S.C. 2254). The court notes that the specific Thomas and
Mason warnings are included in the introductory text of the current standard form.
AND NOW this
1.

28th

day of July, 2015, IT IS HEREBY ORDERED that:

The Clerk of Court shall furnish Petitioner with a blank copy of the Courts

current standard form for filing a petition pursuant to 28 U.S.C. 2254 and bearing the abovecaptioned civil action number;
2.

Petitioner shall complete this courts current standard form of petition as directed

by Local Civil Rule 9.3(b) and Rule 2 of the Rules Governing Section 2254 Cases in the United
States District Courts, sign the completed petition, and return it to the Clerk of Court within

Case 5:15-cv-03984-JCJ Document 3 Filed 07/31/15 Page 2 of 2

thirty (30) days, failing which this civil action will be dismissed without further notice;
3.

Because Petitioner has funds sufficient funds available to pay the required $5.00

filing fee his application for leave to proceed in forma pauperis is DENIED; and,
4.

Petitioner shall submit the five dollar ($5.00) filing fee to the Court within thirty

days of the date of this Order or this action will be dismissed without further notice to Petitioner.

s / J. Curtis Joyner
J. CURTIS JOYNER, J.