Jackson v. Thomas et al

Filing 4

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 3/28/2016. (JLC)

FILED
2016 Mar-28 PM 02:20
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
JEFFERY J. JACKSON,

)
)
Petitioner,
)
)
v.
)
)
WARDEN THOMAS and THE ATTORNEY )
GENERAL OF ALABAMA,
)
)
Respondents.
)

Case No.: 1:16-cv-00252-VEH-JHE

MEMORANDUM OPINION
On February 12, 2015, Petitioner Jefferey J. Jackson filed this petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, along with an application for leave to proceed in forma
pauperis. (Docs. 1 & 2).

However, because the petitioner’s application to proceed in forma

pauperis was neither verified by an authorized officer of the institution nor accompanied by a
certified copy of prisoner account statements for the last six months, on February 16, 2016, the
magistrate judge issued a notice of deficient pleading informing the petitioner as to how he could
cure his deficient pleading. (Doc. 3). That notice informed the petitioner that he had thirty days to
correct his deficient pleading or the court would dismiss the case for want of prosecution. (Id.)
(citing FED. R. CIV. P. 41(b)). The deadline to correct the deficient pleading has passed, and the
court has received nothing from the petitioner. Accordingly, the petition is due to be DISMISSED
WITHOUT PREJUDICE for want of prosecution. A separate order will be entered.
DONE this 28th day of March, 2016.

VIRGINIA EMERSON HOPKINS
United States District Judge