Walker v. Maye

Filing 14

MEMORANDUM AND ORDER ENTERED: The petition for habeas corpus is dismissed. Petitioner's motion 4 to subpoena evidence is denied as moot. Signed by Senior District Judge Richard D. Rogers on 1/22/2013. (Mailed to pro se party Michael John Walker by regular mail.) (smnd)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

MICHAEL JOHN WALKER,
Petitioner,
v.

CASE NO. 12-3124-RDR

C. MAYE,
Respondent.

MEMORANDUM AND ORDER
This matter is a petition for habeas corpus filed pursuant to
28 U.S.C. § 2241. By an order entered on December 13, 2012, the court
directed petitioner to demonstrate his exhaustion of administrative
remedies by January 4, 2013. On December 31, 2012, the copy of that
order was returned as undeliverable and was remailed to a new address
identified by the clerk of the court. There has been no response to
that order.
A court has the inherent power to dismiss an action for failure
to prosecute to ensure the orderly and expeditious resolution of its
cases. Link v. Wabash Railroad Co., 370 U.S. 626, 630-31 (1962).
Because there has been no response to the order of December 13, 2012,
the court concludes this matter may be dismissed.
IT IS, THEREFORE, BY THE COURT ORDERED the petition for habeas
corpus is dismissed.
IT IS FURTHER ORDERED petitioner’s motion to subpoena evidence
(Doc. 4) is denied as moot.
A copy of this order shall be transmitted to petitioner at his
last known address.

IT IS SO ORDERED.
DATED:

This 22nd day of January, 2013, at Topeka, Kansas.

S/ Richard D. Rogers
RICHARD D. ROGERS
U.S. Senior District Judge