Gerald v. Aducci

Filing 4

MEMORANDUM OPINION. Signed by Judge James H Hancock on 3/16/2015. (JLC)

FILED
2015 Mar-16 AM 10:52
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
WESTERN DIVISION
EMMA GERALD,

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) Case No. 7:15-cv-00183-JHH-JHE
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Petitioner,
v.
WARDEN ADUCCI,
Respondent.

MEMORANDUM OPINION
On January 29, 2015, Petitioner Emma Gerald (“Gerald”) filed a petition for a writ of
habeas corpus pursuant to 28 U.S.C. § 2241, seeking to attack her federal sentence by way of the
Savings Clause of 28 U.S.C. § 2255(e). (Doc. 1). Because she did not pay the $5.00 filing fee
or apply to proceed in forma pauperis, the Court issued a notice of deficient pleading on January
30, 2015, informing her that her failure to do one or the other within thirty days of the date of the
notice would result in dismissal of her case for want of prosecution. (Doc. 3) (citing FED. R.
CIV. P. 41(b)). That deadline has passed, and Gerald has not paid the filing fee or filed an
application to proceed in forma pauperis.

Accordingly, Gerald’s petition is due to be

DISMISSED WITHOUT PREJUDICE for want of prosecution. A separate order will be
entered.

DONE this the 16th

day of March, 2015.

SENIOR UNITED STATES DISTRICT JUDGE