Tate v. Stewart

Filing 3

MEMORANDUM OPINION. Signed by Judge James H Hancock on 12/21/2015. (JLC)

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FILED 2015 Dec-21 AM 10:05 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION FREDRICK TATE, Petitioner, v. CYNTHIA STEWART, Warden, et al., Respondents. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:15-cv-1014-JHH-JEO MEMORANDUM OPINION On June 17, 2015, Petitioner Fredrick Tate, an Alabama State prisoner acting pro se, filed this habeas corpus action pursuant to 28 U.S.C. § 2254. (Doc. 1). Although the first page of the petition contains a notation in the upper righthand corner reciting, “Fee for Filing Attached,” (Doc. 1 at 1), no payment was actually included with the petition, nor did Petitioner include an application for leave to proceed in forma pauperis (“IFP”). Accordingly, on August 21, 2015, the court entered an order advising Petitioner that, within 30 days, he was required either to pay the applicable five-dollar filing fee, see 28 U.S.C. § 1914(a), or to submit an IFP application, see 28 U.S.C. § 1915. (Doc. 2). That notice, which was mailed to Petitioner that same day, further advised Petitioner that if he failed to comply, this action would be subject to dismissal without further notice. (Id.) Despite that warning, Petitioner has failed to comply with, or otherwise respond to, the court’s order. Therefore, this action is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A separate Final Order will be entered. DONE this the 21st day of December, 2015. SENIOR UNITED STATES DISTRICT JUDGE 2

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