Nyabugulu v. Hassel

Filing 3

MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/22/15. (SAC )

FILED
2015 Dec-22 PM 04:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
BERNARD NYABUGULU
Petitioner,
v.

SCOTT HASSELL, Sheriff of Etowah
County Detention,
Respondent.

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CIVIL ACTION NO.
4:15-cv-1666-KOB-JEO

MEMORANDUM OPINION
On September 23, 2015, Petitioner Nyuabugulu filed this habeas corpus
action pursuant to 28 U.S.C. § 2241, challenging his continued detention by
federal immigration authorities pending his removal from the United States under
the Immigration and Nationality Act, 8 U.S.C. § 1101 et seq. (Doc. 1). On
September 28, 2015, the court issued an order, which was mailed that same day to
Petitioner, ordering him either to pay the applicable filing fee of five dollars, see
28 U.S.C. § 1914(a), or to file an application for leave to proceed in forma
pauperis, see 28 U.S.C. § 1915. (Doc. 2). The court further advised Petitioner
that if he failed to comply within 30 days that this action would be subject to
dismissal without further notice. (Id.) Despite that warning, Petitioner has failed
to comply with the court’s order. Therefore, this action is due to be DISMISSED

WITHOUT PREJUDICE for want of prosecution. A separate Final Order will
be entered.
DONE and ORDERED this 22nd day of December, 2015.

__________________________________
KARON OWEN BOWDRE
CHIEF UNITED STATES DISTRICT JUDGE

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