May v. State of New Mexico

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO BRANDON M. MAY, Petitioner, v. No. 22-cv-0302 WJ-KRS STATE OF NEW MEXICO, Respondent.

ORDER TO CURE DEFICIENCIES This matter is before the Court on Brandon May’s pro se Letter Regarding State Sentence Calculation (Doc. 1). He alleges prison officials miscalculated his presentence confinement credit in connection with three state criminal judgments. Such claim must be raised in a 28 U.S.C. § 2241 petition. See Davis v. Roberts, 425 F.3d 830, 833 (10th Cir. 2005). May shall re-file his claims on the § 2241 habeas form within thirty days of entry of this Order. By the same deadline, he must prepay the $5.00 habeas fee or, alternatively, file a properly supported in forma pauperis motion. The failure to timely comply with both directives will result in dismissal of this case.

IT IS ORDERED that within thirty (30) days of entry of this Order, May shall: (1) refile his claims on the § 2241 habeas form; and (2) prepay the $5.00 habeas filing fee or, alternatively, file a motion to proceed in forma pauperis along with an inmate account statement reflecting transactions between October 21, 2021 and April 21, 2022.

IT IS FURTHER ORDERED that the Clerk’s Office shall MAIL May a blank 28 U.S.C. § 2241 habeas petition and a blank in forma pauperis motion.

UNITED STATES MAGISTRATE JUDGE