Sanders v. Werlich

Filing 6

IT IS ORDERED that Petitioner shall pay the $5.00 filing fee for this action within 14 days of the date of entry of this Order (on or before March 21, 2017). Failure to comply with this Order will result in dismissal of this action for want of prosecution, and for failure to comply with a Court order, under Federal Rule of Civil Procedure 41(b). (Action due by 3/21/2017). Signed by Judge David R. Herndon on 3/7/2017. (tjk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
DeANGELO SANDERS,
No. 06788-025,
Petitioner,
vs.

Case No. 16-cv-1249-DRH

T. WERLICH,
Respondent.
ORDER – NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
This matter is before the Court for case management. Petitioner brought
this habeas corpus action pursuant to 28 U.S.C. § 2241 while he was incarcerated
at the FCI-Greenville, Illinois, to challenge the constitutionality of his confinement.
He was recently transferred to the FCI-Terre Haute, Indiana. (Doc. 5).
Nonetheless, this Court retains jurisdiction to consider the Petition, because it
was properly filed here during Petitioner’s confinement in this District.

See

Morales v. Bezy, 499 F.3d 668, 670 (7th Cir. 2007) (discussing Rumsfeld v.
Padilla, 542 U.S. 426, 442-43 (2004)). If the custodian is within the jurisdiction
of the court at the time the petition is filed, a later transfer of the prisoner to a
different location does not defeat personal jurisdiction that was proper as of the
filing of the case. Ahrens v. Clark, 335 U.S. 188, 193 (1948), overruled on other
grounds by Braden v. 30th Judicial Circuit Court of Kentucky, 410 U.S. 484, 499500 (1973).

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It has come to the attention of the Court that Petitioner has failed to pay the
filing fee for this action, despite being ordered to do so. His motion for leave to
proceed in forma pauperis (Doc. 2) was denied on November 22, 2016, because
he had received sufficient funds over the previous six months to pay the $5.00
filing fee. (Doc. 4). Petitioner was ordered to pay the fee within 30 days. His
deadline fell on December 22, 2016. Id. That deadline is long past, but Petitioner
has not paid the fee.
Failure to follow an order of the Court is grounds for dismissal of the
action. FED. R. CIV. P. 41(b). Before dismissing this case, however, the Court
shall allow Petitioner one final chance to comply.
IT IS THEREFORE ORDERED that Petitioner shall pay the $5.00 filing fee
for this action within 14 days of the date of entry of this Order (on or before
March 21, 2017). Failure to comply with this Order will result in dismissal of
this action for want of prosecution, and for failure to comply with a Court order,
under Federal Rule of Civil Procedure 41(b).
IT IS SO ORDERED.

Digitally signed by
Judge David R.
Herndon
Date: 2017.03.07
09:41:43 -06'00'

Dated: March 7, 2017

United States District Judge

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