ANDERSON v. GEORGIA

Filing 6

ORDER dismissing #1 Petition for Writ of Habeas Corpus filed by COREY ANDERSON. Ordered by US DISTRICT JUDGE CLAY D. LAND on 5/9/2022 (tlf).

Case 4:22-cv-00060-CDL-MSH Document 6 Filed 05/09/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
COREY ANDERSON,
Petitioner,
VS.
STATE OF GEORGIA,
Respondent.
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NO. 4:22-CV-60-CDL-MSH

ORDER
Pro se Petitioner Corey Anderson filed a Motion Under 28 U.S.C. § 2255 to Vacate,
Set Aside, or Correct Sentence by a Person in Federal Custody. ECF No. 1. He is not,
however, a federal prisoner. It is unclear if Petitioner was confined in state prison or a
mental health facility. Id. at 3. Petitioner complained about a July 2012 conviction in
Muscogee County, Georgia. Id. at 1.
On March 29, 2022, the Court instructed Petitioner to file a 28 U.S.C. § 2254
petition and to either pay the $5.00 filing fee or move to proceed in forma pauperis. ECF
No. 3. Petitioner did not respond to this Order. On April 18 2022, the Court gave
Petitioner fourteen days to show cause why his action should not be dismissed for failure
to respond to the Court’s March 29, 2022 Order.

ECF No. 5.

Petitioner has not

responded to the Show Cause Order.
Due to Petitioner’s failure to follow the Court’s Orders and prosecute this action,
the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown

Case 4:22-cv-00060-CDL-MSH Document 6 Filed 05/09/22 Page 2 of 2

v. Tallahassee Police Dep’t, 205 F. App’x 802, 802 (11th Cir. 2006) (citing Fed. R. Civ.
P. 41(b) and Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978))
(“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or
failure to obey a court order.”).

SO ORDERED, this 9th day of May, 2022.

S/_Clay D. Land
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CLAY D. LAND
U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA