Wilhite v. Drew
MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 11/7/2017. (PSM)
2017 Nov-07 AM 10:17
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
BENJAMIN TONY WILHITE,
WARDEN DARLENE DREW,
Civil Action No.
Petitioner Benjamin Tony Wilhite, a federal prisoner acting pro se, filed this
action seeking a writ of habeas corpus pursuant to the general habeas statute, 28
U.S.C. § 2241, seeking credit on his sentence. (Doc. 1). On May 23, 2017, the
court entered an order denying his application to proceed in forma pauperis on the
ground that his jail account statement revealed that he is able to afford the fivedollar filing fee applicable in habeas corpus cases. (See Docs. 2, 3). Petitioner
was further advised his failure to pay the fee within 30 days order might result in
summary dismissal. (Doc. 3). Petitioner didn’t comply. On October 6, 2017, the
court entered another order, this time requiring Petitioner to show cause, by
October 20th, why the action should not be dismissed for want of prosecution.
(Doc. 4). That order provided that Petitioner might, in the alternative, simply pay
the filing fee by the deadline. Petitioner, however, has not responded to the order
to show cause, nor has he paid the filing fee. In consideration of the foregoing, the
court concludes that this habeas corpus action is due to be dismissed for want of
prosecution. A separate final order will be entered.
Done this 7th day of November 2017.
L. Scott Coogler
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?