Griffin v. Taylor

Filing 3

MEMORANDUM OPINION Signed by Judge William M Acker, Jr on 12/1/15. (SAC )

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FILED 2015 Dec-01 PM 02:25 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ERIC L. GRIFFIN, ) ) ) ) ) Case No. 1:15-cv-01691-WMA-JHE ) ) ) ) Petitioner, v. WARDEN WILLIAM TAYLOR, Respondent. MEMORANDUM OPINION On September 25, 2015, Petitioner Eric L. Griffin (“Griffin”) filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking to attack his federal sentence under Johnson v. United States, 135 S. Ct. 2551 (2015). (Doc. 1). Because he did not pay the $5.00 filing fee or apply to proceed in forma pauperis, the Court issued a notice of deficient pleading on September 30, 2015, informing him that his failure to do one or the other within thirty days of the date of the notice would result in dismissal of his case for want of prosecution. (Doc. 2) (citing FED. R. C IV. P. 41(b)). That deadline has passed, and Griffin has not paid the filing fee or filed an application to proceed in forma pauperis. Accordingly, Griffin’s petition is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A separate order will be entered. DONE this 1st day of December, 2015. _____________________________ WILLIAM M. ACKER, JR. UNITED STATES DISTRICT JUDGE

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