Stewart M. Artis v. State of New Mexico

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO STEWART M. ARTIS, Petitioner, v. No. 25-cv-0496-JCH-KBM STATE OF NEW MEXICO, Respondent.

ORDER TO CURE DEFICIENCIES This matter is before the Court on Petitioner Stewart Artis’ pro se Letter-Pleading (Doc.

1). The Letter-Pleading alleges Petitioner received ineffective assistance from his state criminal counsel in Case No. D-202-CR-2022-529, but he does not raise any specific federal claims. The state docket reflects Case No. D-202-CR-2022-529 is still pending. Petitioner must therefore file a 28 U.S.C. § 2241 petition, if he wishes to argue his pretrial detention violates the U.S. Constitution. See Yellowbear. v. Wyo. Att’y Gen., 525 F.3d 921, 924 (10th Cir. 2008) (“Section ... 2241 is a vehicle for challenging pretrial detention.”). The Clerk’s Office will mail Petitioner a blank § 2241 petition and a blank motion to proceed in forma pauperis. He must return the completed § 2241 petition within thirty (30) days of entry of this Order. By the same deadline, Petitioner must pay the $5.00 habeas filing fee or, alternatively, file a completed motion to proceed in forma pauperis along with a copy of his inmate account statement. See Habeas Corpus Rule 3(a)(2) (requiring habeas courts to consider the final account balance to determine if a petitioner can afford the $5.00 fee). The failure to timely comply with each directive in this Order may result in dismissal without further notice.

IT IS ORDERED that within thirty (30) days of entry of this Order, Petitioner must: (1) file a completed § 2241 petition; and (2) pay the $5.00 filing fee or, alternatively, submit an in forma pauperis motion along with an inmate account statement.

IT IS FURTHER ORDERED that the Clerk’s Office shall MAIL Petitioner a blank § 2241 petition and a blank motion to proceed in forma pauperis.

UNITED STATES OM a4.