Burton v. Marshall

Filing 11

ORDER: It is ORDERED that the report and recommendation (Doc. 8 ) is WITHDRAWN. Because Burton paid his $5 filing fee on November 25, 2024, it is ORDERED that his motion to proceed in forma pauperis (Doc. 10 ) is moot.Signed by Magistrate Judge Gray M Borden on 1/8/2025. (CLC)

FILED
2025 Jan-08 PM 12:04
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
GARY ALLEN BURTON,
Petitioner,
v.
STEVEN T. MARSHALL,
Respondent.

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Case No. 4:24-cv-1263-MHH-GMB

ORDER
On January 2, 2025, the court entered a report recommending the dismissal of
Petitioner Gary Allen Burton’s claims for failure to prosecute after he failed to
comply with the court’s order to submit an amended habeas petition. Doc. 8. But on
January 7, while the recommendation remained pending, Burton filed an amended
petition (Doc. 9) and a motion to proceed in forma pauperis. Doc. 10.
Accordingly, it is ORDERED that the report and recommendation (Doc. 8) is
WITHDRAWN. Because Burton paid his $5 filing fee on November 25, 2024, it is
ORDERED that his motion to proceed in forma pauperis (Doc. 10) is moot.
DONE and ORDERED on January 8, 2025.

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GRAY M. BORDEN
UNITED STATES MAGISTRATE JUDGE