Hardwick v. Billups

Filing 3

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

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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. ) ) ) ) ) ) ) ) ) ) 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

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