Hardwick v. Billups

Filing 3

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 10/25/2017. (PSM)

FILED
2017 Oct-25 PM 02:16
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
DELTRON HARDWICK,
Petitioner,
v.
WARDEN PHYLLIS BILLUPS,
Respondent.

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Case No.: 2:17-cv-01574-LSC-JHE

MEMORANDUM OPINION
On September 11, 2017, Petitioner Deltron Hardwick (“Hardwick”) filed a petition for a
writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Because Hardwick neither paid
the $5.00 filing fee nor applied to proceed in forma pauperis, the Court issued a notice of
deficient pleading on September 14, 2017, 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)). That deadline has passed, and Hardwick 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 October 25, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704