Burton v. Armstrong et al

Filing 6

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 2/24/2015. (JLC)

FILED
2015 Feb-24 PM 02:37
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION

BOBBY E. BURTON, JR.,
Petitioner,
v.
BRUCE ARMSTRONG, Warden,
et al.,
Respondents.

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Case No. 2:14-cv-02311-VEH-TMP

MEMORANDUM OPINION
On November 27, 2014, the petitioner filed the above-styled petition for writ
of habeas corpus. Along with his petition, the petitioner filed a motion to proceed
in forma pauperis. (Doc. 2). The petitioner was notified by the court that his motion
to proceed in forma pauperis was deficient and he was ordered to, within thirty days,
either properly complete the motion or pay the $5.00 filing fee. (Doc. 4).
After the expiration of thirty days, the court sent the petitioner a second Notice
of Deficient Pleading, and allowed him thirty additional days to either properly
complete the motion to proceed in forma pauperis or pay the $5.00 filing fee. (Doc.
5). More than thirty days has elapsed since the court filed the second Notice of
Deficient Pleading and the petitioner has failed to comply with or otherwise respond

to the order. Accordingly, the above-styled case is due to be dismissed without
prejudice for failure to prosecute. A final order will be entered contemporaneously
herewith.
DONE this 24th day of February, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge

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