Nyabugulu v. Hassel

Filing 3

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

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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. ) ) ) ) ) ) ) ) ) ) ) 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 2

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