SMITH v. GEORGIA

Filing 5

ORDER DISMISSING WITHOUT PREJUDICE 1 Petition. Ordered by Judge Marc Thomas Treadwell on 2/4/2013. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION

STEVEN SMITH,
Petitioner
VS.
STATE OF GEORGIA,
Respondent
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CIVIL NO: 5:12-CV-0378-MTT-CHW
PROCEEDINGS UNDER 28 U.S.C. ' 2254
BEFORE THE U.S. MAGISTRATE JUDGE

ORDER
Petitioner STEVEN SMITH, an inmate at Macon State Prison in Oglethorpe,
Georgia, has filed a pro se “Motion for U. S. District Court to Ministerially Act in the
Process of Sovereign’s Release from Custody of the State of Georgia/Department of
Corrections.” Because Petitioner was essentially requesting release from a state prison,
the Court construed this “motion” to be a possible petition for writ of habeas corpus under
28 U.S.C. § 2254. Petitioner was thus ordered to complete a standard form petition and
to either pay the $5.00 filing fee or file an application requesting leave to proceed in forma
pauperis. Petitioner was required to respond by November 8, 2012. This date has long
since passed, and no response has been filed.
Petitioner’s failure to respond leads this Court to believe that he either is no longer
interested pursuing this action or did not intend to file a habeas petition. The action is
accordingly DISMISSED without prejudice.

SO ORDERED, this 4th day of February, 2013.

S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT
jlr