Carlos v. Williams

Filing 14

ORDER & OPINION entered by Judge Joe Billy McDade on 08/07/2014. IT IS THEREFORE ORDERED that this case is DISMISSED WITH PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to prosecute. CASE TERMINATED. See Full Written Order.(JS, ilcd)

E-FILED

Thursday, 07 August, 2014 10:45:56 AM
Clerk, U.S. District Court, ILCD

UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
PEORIA DIVISION
MICHAEL S. CARLOS,
Petitioner,
v.
TARRY WILLIAMS, Warden,
Respondent.

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Case No. 14-cv-1263

ORDER & OPINION
On May 16, 2014, in the Northern District of Illinois, Petitioner filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (Doc. 1). He filed
an Application for Leave to Proceed in forma pauperis the same day. (Doc. 3). His
case was subsequently transferred to this Court with this Application still pending.
On July 2, 2014, Petitioner’s Application for Leave to Proceed in forma pauperis
was denied, as it was clear he had ample funds from which to pay the five dollar
filing fee. (Doc. 12). Petitioner was ordered to pay the filing fee within twenty-eight
days, and warned that failure to do so would result in his Petition being dismissed
with prejudice for failure to prosecute. This deadline has passed, but as of this date,
the Court has still not received his filing fee. The Court has received a motion to
amend his Petition from Petitioner since that time, but it has no relation to his
filing fee. (Doc. 13). Thus, Petitioner’s case will be dismissed for lack of prosecution.

IT IS THEREFORE ORDERED that this case is DISMISSED WITH
PREJUDICE pursuant to Federal Rule of Civil Procedure 41(b) for failure to
prosecute.
CASE TERMINATED.

Entered this 7th day of August, 2014.

s/ Joe B. McDade
JOE BILLY McDADE
United States Senior District Judge

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