Gorbey v. Taylor

Filing 6

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

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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 ) ) ) ) ) Case No. 1:15-cv-01257-KOB-JHE ) ) ) ) ) ) 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. __________________________________ KARON OWEN BOWDRE CHIEF UNITED STATES DISTRICT JUDGE

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