May v. Morgan County DHR

Filing 7

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 5/9/2014. (JLC)

FILED
2014 May-09 PM 04:27
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION

TONY WAYNE MAY,
Petitioner,
vs.
MORGAN COUNTY DHR,
Respondent.

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Case No. 5:14-cv-00317-VEH-TMP

MEMORANDUM OPINION
The petitioner, Tony Wayne May, filed his action for habeas corpus relief under 28 U.S.C.
§ 2254 on February 19, 2014. (Doc. 1). Petitioner neither paid the required filing fee nor filed an
application to proceed in forma pauperis. In an order dated February 28, 2014, the magistrate judge
ordered the petitioner to correct his deficient pleading within 30 days by either filing an application
to proceed in forma pauperis or by paying the filing fee of $5.00. (Doc. 5). The order and an
application to proceed in forma pauperis were mailed to the petitioner on that same day. Upon the
expiration of 30 days, no response had been filed by the petitioner.
The magistrate judge filed a second order, dated April 4, 2014, ordering the petitioner to
correct his deficient pleading within 30 days by either filing an application to proceed in forma
pauperis or by paying the filing fee of $5.00. (Doc. 6). On that same day, the order and an
application to proceed in forma pauperis were mailed to the petitioner. Both orders advised the
petitioner that if he failed to correct his deficient pleading within 30 days, the court may dismiss this
case for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b).
The court has allowed the petitioner over 60 days to correct his deficient pleading, with no
response from the petitioner. Accordingly, this action for habeas corpus relief under 28 U.S.C. §

2254 in the above-styled cause is due to be DENIED and DISMISSED WITHOUT PREJUDICE
for want of prosecution pursuant to Federal Rule of Civil Procedure 41(b). A corresponding order
shall be entered contemporaneously herewith.
DONE and ORDERED this 9th day of May, 2014.

VIRGINIA EMERSON HOPKINS
United States District Judge

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