Omerovic v. DHS/ICE

Filing 3

MEMORANDUM AND ORDER: Petitioner shall either pay the $5.00 filing fee for this action, or submit his motion for leave to proceed IFP, within 21days of the date of entry of this order (on or before June 28, 2017). Failure to comply with this Order will result in dismissal of this action for want ofprosecution under Federal Rule of Civil Procedure 41(b). ( Action due by 6/28/2017.) Signed by Judge David R. Herndon on 6/7/2017. (jaj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
ZUHDIJA OMEROVIC,
No. 077685306,
Petitioner,
v.

Case No. 3:17-cv-00306-DRH

DHS/ICE,
Respondent.
NOTICE OF IMPENDING DISMISSAL
HERNDON, District Judge:
This matter is before the Court for case management. Petitioner Omerovic
filed this habeas corpus action on March 23, 2017, when he submitted his
“Motion to Petition for Writ of Habeas Corpus” (Doc. 1). In it, he claims that he
has been detained by Immigration & Customs Enforcement (ICE) for more than 6
months following his August 31, 2016, removal order, and that his removal from
the United States is not reasonably foreseeable due to the failure to verify his
citizenship in Bosnia and Herzegovina.
Upon receipt of Omerovic’s pleading, the Clerk immediately sent him a
letter (Doc. 2) advising him of the case number and filing fee requirements for a
habeas corpus action. He was warned that if he did not submit either the $5.00
filing fee or a motion for leave to proceed in forma pauperis (IFP) within 30 days,
his case would be subject to dismissal.

He was provided with a blank form

motion for IFP. Plaintiff’s 30-day deadline of April 24, 2017, has come and gone,

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and Plaintiff has failed to respond in any way. This action is therefore subject to
dismissal for failure to prosecute.
IT IS THEREFORE ORDERED that Petitioner shall either pay the $5.00
filing fee for this action, or submit his motion for leave to proceed IFP, within 21
days of the date of entry of this order (on or before June 28, 2017). Failure to
comply with this Order will result in dismissal of this action for want of
prosecution under Federal Rule of Civil Procedure 41(b).
Further, Petitioner is REMINDED that he is under a continuing obligation
to keep the Clerk and each opposing party informed of any change in his location.
Pursuant to Southern District of Illinois Local Rule 3.1(b), notification to the
Court of any address change shall be made in writing no later than 7 days after a
change in address occurs.
IT IS SO ORDERED.
Signed this 7th day of June, 2017.

Digitally signed by
Judge David R. Herndon
Date: 2017.06.07
15:29:14 -05'00'
UNITED STATES DISTRICT JUDGE

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