Burton v. Armstrong et al

Filing 6

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

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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. ) ) ) ) ) ) ) ) ) ) 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 2

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