McKanney v. Walker County Sheriff

Filing 5

MEMORANDUM OPINION Signed by Judge Virginia Emerson Hopkins on 9/18/17. (SAC )

FILED
2017 Sep-18 PM 04:02
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
JANOAH DRAKE MCKANNEY,
Petitioner,
v.
WALKER COUNTY SHERIFF,
Respondent.

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) Case Number: 6:17-cv-01207-VEH-JHE
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MEMORANDUM OPINION
On July 19, 2017, Petitioner Janoah Drake McKanney (“McKanney”) filed a
petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. (Doc. 1). Because
McKanney neither paid the $5.00 filing fee nor applied to proceed in forma pauperis,
the Court issued a notice of deficient pleading on July 19, 2017, informing him that
his failure to do one or the other within thirty days of the date of the notice would
result in dismissal of his case for want of prosecution. (Doc. 2) (citing FED. R. CIV.
P. 41(b)). On August 7, 2017, McKanney filed a motion for leave to proceed in forma
pauperis. (Doc. 3). The Court denied that motion on August 8, 2017, and ordered
McKanney to pay the $5.00 filing fee within thirty days of the date of the order. (Doc.
4). The order warned McKanney that failing to pay the filing fee by that deadline
would result in his petition being dismissed without further notice. (Id.). The deadline

has now passed, and McKanney has not paid the filing fee. Accordingly, his petition
is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A
separate order will be entered.
DONE this 18th day of September, 2017.

VIRGINIA EMERSON HOPKINS
United States District Judge