Pruitt v. Williams

Filing 6

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/30/2016. (PSM)

FILED
2016 Mar-30 PM 02:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
LESLIE SEAN PRUITT,

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Petitioner,
v.
WARDEN DOUG WILLIAMS,
Respondent.

Case No.: 2:15-cv-02290-LSC-JHE

MEMORANDUM OPINION
On December 21, 2015, Petitioner Leslie Sean Pruitt filed this petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1).

Because Pruitt neither paid the $5.00

filing fee nor applied to proceed in forma pauperis, the Court issued a notice of deficient
pleading on January 4, 2016, 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.
2) (citing FED. R. CIV. P. 41(b)).

On January 25, 2016, the court received a pleading styled

“Motion and Brief of Habeas Corpus” from Pruitt, but no fee or application to proceed in forma
pauperis. (Doc. 3). Because this information did not resolve the pleading deficiency as outlined
in the original notice, the undersigned sent Pruitt a second notice of deficient pleading explaining
that he must either pay the $5.00 filing fee or submit a verified application to proceed in forma
pauperis within thirty days. (Doc. 4).

Since that time, the court has received another pleading,

styled “Motion of Supplemental Brief,” but no fee or application to proceed in forma pauperis.
(Doc. 5).
The deadline set in the second notice of deficient pleading has passed, and Pruitt has not
paid the filing fee or filed an application to proceed in forma pauperis. Accordingly, his petition

is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A separate order
will be entered.
DONE and ORDERED on March 30, 2016.

_____________________________
L. Scott Coogler
United States District Judge
160704