Rodriguez v. Immigration Customs Enforcement
Filing
6
MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 1/23/2014. (PSM)
FILED
2014 Jan-24 AM 09:06
U.S. DISTRICT COURT
N.D. OF ALABAMA
IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
CARLOS ROGELIO RODRIGUEZ, )
)
Petitioner,
)
)
vs.
)
)
IMMIGRATION CUSTOMS
)
ENFORCEMENT,
)
)
Respondent.
)
Case No. 2:13-cv-00735-AKK-TMP
MEMORANDUM OPINION
The petitioner, Carlos Rogelio Rodriguez, filed his action for habeas corpus
relief under 28 U.S.C. § 2241 on April 16, 2013. (Doc. 1). Petitioner neither paid
the required filing fee, nor filed an application to proceed in forma pauperis. In an
order dated November 7, 2013, the magistrate judge ordered the petitioner to
correct his deficient pleading within 30 days by either filing an application to
proceed in forma pauperis or by paying the filing fee of $5.00. (Doc. 4). The
order and an application to proceed in forma pauperis were mailed to the
petitioner on that same day. Upon the expiration of 30 days, no response had been
filed by the petitioner.
The magistrate judge filed a second order, dated December 13, 2013,
ordering the petitioner to correct his deficient pleading within 30 days by either
filing an application to proceed in forma pauperis or by paying the filing fee of
$5.00. (Doc. 5). On that same day, the order and an application to proceed in
forma pauperis were mailed to the petitioner. Both orders advised the petitioner
that if he failed to correct his deficient pleading within 30 days, the court may
dismiss this case for want of prosecution pursuant to Federal Rule of Civil
Procedure 41(b).
The court has allowed the petitioner over 60 days to correct his deficient
pleading, with no response from the petitioner. Accordingly, this action for
habeas corpus relief under 28 U.S.C. § 2241 in the above-styled cause is due to be
DENIED and DISMISSED WITHOUT PREJUDICE for want of prosecution
pursuant to Federal Rule of Civil Procedure 41(b). A corresponding order shall be
entered contemporaneously herewith.
DONE and ORDERED this 23rd day of January, 2014.
________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE
2
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