Siwe v. Cole et al

Filing 19

MEMORANDUM OF OPINION. Signed by Judge L Scott Coogler on 5/17/2016. (PSM)

FILED
2016 May-18 AM 09:55
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
JOEL HAPPY SIWE,
Petitioner,
vs.
DAVID COLE, Warden, et al.,
Respondents.

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Case No. 1:16-cv-00436-LSC-TMP

MEMORANDUM OF OPINION
Petitioner, Joel Happy Siwe, filed a petition for habeas corpus pursuant to 28
U.S.C. § 2241, through counsel. On March 29, 2016, the magistrate judge entered
the court’s first order to show cause, directing the petitioner to amend his petition and
to inform the court whether a final order of removal had been entered in his
immigration case. Petitioner was given 20 days in which to file an amended petition
naming the proper respondent and clarifying his removal status. (Doc. 17). More
than 20 days elapsed and no amendment or motion to extend time was filed. On April
21, 2016, a second order to show cause was entered, and petitioner was given an
additional 10 days in which to comply with this court’s order and to show cause why
the petition should not be dismissed for want of prosecution. (Doc. 18). Petitioner

was cautioned that failure to timely respond to the order would result in dismissal of
all claims. Id. To date, petitioner has failed to respond in any way to the court’s two
orders to show cause. Accordingly, the petition is due to be dismissed.
A separate order will be entered.
Done this 17th day of May 2016.

L. SCOTT COOGLER
UNITED STATES DISTRICT JUDGE
182184

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