Wilson v. Lynch

Filing 6

MEMORANDUM OPINION. Signed by Judge Madeline Hughes Haikala on 3/31/2016. (KMG)

FILED
2016 Mar-31 PM 10:00
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

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Petitioner,
v.
LORETTA LYNCH,
Respondent.

Case No.: 2:15-cv-02240-MHH-JHE

MEMORANDUM OPINION
On December 9, 2015, the magistrate judge assigned to this case directed the Clerk to file
Petitioner Dexter Wilson’s motion to reduce his sentence pursuant to Johnson v. United States,
135 S. Ct. 2251 (2015), styled “2241 Motion Pursuant 2255(e) Savings Clause” as a writ of
habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Because Mr. Wilson neither paid the
$5.00 filing fee nor applied to proceed in forma pauperis, the magistrate judge issued a notice of
deficient pleading on December 10, 2015, informing him that his failure to do one or the other
within thirty days of the date of the notice would result in dismissal of his case for want of
prosecution. (Doc. 3) (citing FED. R. CIV. P. 41(b)). On January 20, 2016, the Court received an
“Inmate Statement” from Mr. Wilson containing what appears to be financial information. (Doc.
4). Because this information did not resolve the pleading deficiency as outlined in the original
notice, the magistrate judge sent Mr. Wilson a second notice of deficient pleading and explained
that he must either pay the $5.00 filing fee or submit a verified application to proceed in forma
pauperis within thirty days. (Doc. 5).

That deadline has passed, and Mr. Wilson has not paid the filing fee or filed an
application to proceed in forma pauperis. Accordingly, the Court will dismiss his petition
without prejudice for want of prosecution. A separate order will be entered.
DONE and ORDERED this March 31, 2016.

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MADELINE HUGHES HAIKALA
UNITED STATES DISTRICT JUDGE