Noe v. State of Alabama

Filing 8

MEMORANDUM OPINION. Signed by Judge Virginia Emerson Hopkins on 8/18/2015. (JLC)

FILED
2015 Aug-18 PM 04:14
U.S. DISTRICT COURT
N.D. OF ALABAMA

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

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) Case No. 5:15-cv-00987-VEH-JHE
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Petitioner,
v.
THE STATE OF ALABAMA,
Respondent.

MEMORANDUM OPINION
On June 12, 2015, Petitioner Woodburck Noe (“Noe”) filed a petition for a writ of habeas
corpus pursuant to 28 U.S.C. § 2254, seeking to attack his 1987 murder conviction in the Circuit
Court of Madison County. (Doc. 1). He also filed motions for leave to proceed in forma
pauperis, (docs. 2 & 4), which the magistrate judge denied on June 24, 2015, directing Noe to
pay the $5.00 filing fee within thirty days or his case would be dismissed without further notice,
(doc. 5) (citing FED. R. CIV. P. 41(b)). Noe filed objections to that order, (doc. 6), which the
undersigned denied on July 7, 2015, (doc. 7). More than thirty days has passed since either of
those orders, and Noe has not paid the filing fee. Accordingly, Noe’s petition is due to be
DISMISSED WITHOUT PREJUDICE. A separate order will be entered.
DONE this 18th day of August, 2015.

VIRGINIA EMERSON HOPKINS
United States District Judge