FUSSNER v. SUPERINTENDENT, TALLADEGA FEDERAL CORRECTIONAL FACILITY

Filing 7

MEMORANDUM OPINION. Signed by Judge R David Proctor on 12/11/2015. (AVC)

FILED
2015 Dec-11 PM 02:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
TRACY A. FUSSNER,
Petitioner,
v.
SUPERINTENDENT, TALLADEGA
FEDERAL CORRECTIONAL
FACILITY,
Respondent.

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Case No.: 1:15-cv-01917-RDP-JHE

MEMORANDUM OPINION
On October 21, 2015, Petitioner Tracy A. Fussner (“Fussner”) filed a petition in the
Southern District of Indiana for a writ of habeas corpus pursuant to 28 U.S.C. § 2241, seeking to
attack his federal sentence by way of the Savings Clause of 28 U.S.C. § 2255(e). (Doc. 1). On
October 26, 2015, the petition was transferred to this court. (Doc. 3). Because Fussner had
neither paid the $5.00 filing fee nor applied to proceed in forma pauperis, the court issued a
notice of deficient pleading on October 29, 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. 6) (citing FED. R. CIV. P. 41(b)). That deadline has passed, and Fussner has
not paid the filing fee or filed an application to proceed in forma pauperis. Accordingly, his
petition is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A
separate order will be entered.
DONE and ORDERED this December 11, 2015.

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R. DAVID PROCTOR
UNITED STATES DISTRICT JUDGE