Gorbey v. Taylor

Filing 6

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 9/24/15. (SAC )

FILED
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
MICHAEL S. GORBEY,
Petitioner,
v.
WARDEN TAYLOR and THE
ATTORNEY GENERAL OF THE
STATE OF ALABAMA,
Respondents.

2015 Sep-24 AM 10:56
U.S. DISTRICT COURT
N.D. OF ALABAMA

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) Case No. 1:15-cv-01257-KOB-JHE
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MEMORANDUM OPINION
On July 27, 2015, Petitioner Michael S. Gorbey filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Along with his petition, he included a motion
for leave to proceed in forma pauperis with only his unsworn statement and a commissary
receipt as support. (Doc. 2). The magistrate judge instructed him to file either the $5.00 filing
fee or an application to proceed in forma pauperis including a certified copy of his prison
account statements within thirty days. (Doc. 3). Instead, Gorbey requested that the court issue
“an order directing the Public Defender Services to fund [his] pro-se defences [sic].” (Doc. 4 at
5). The magistrate judge denied that motion. (Doc. 5).
More than thirty days has passed since either of those Orders, and Gorbey has not paid
the filing fee or otherwise prosecuted this action. Accordingly, Gorbey’s petition is due to be
DISMISSED WITHOUT PREJUDICE for failure to prosecute.
The court will enter a separate Order.
DONE and ORDERED this 24th day of September, 2015.

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KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE