Matthews v. Holder et al

Filing 9

Judge Denise J. Casper: ORDER entered dismissing without prejudice for the reasons set forth in the August 29, 2013 Procedural Order. Copy of order mailed to petitioner at address on docket.(PSSA, 4)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
__________________________________________
)
SPENCER MATTHEWS,
)
)
Petitioner,
)
)
v.
)
Civil Action No. 13-12142-DJC
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ERIC HOLDER, et al.,
)
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Respondent.
)
__________________________________________)
ORDER
CASPER, J.

October 18, 2013

Petitioner Spencer Mathews, a citizen of Liberia being held in immigration detention at the
Suffolk County House of Correction, initiated this action by filing a Petition for Writ of Habeas
Corpus asserting a due process claim under the principles set forth by the Supreme Court in
Zadvydas v. Davis, 533 U.S. 678 (2001)(an admissible alien can be held only for a "reasonable
period," which is presumed to be six months, unless the government can show that there is a
"significant likelihood of removal in the reasonably foreseeable future"). D. #1 (“Petition”).
By Procedural Order dated August 29, 2013, petitioner was advised that if he wishes to
proceed with this action, he either must pay the $5.00 filing fee or file a motion for leave to proceed
in forma pauperis. D. #6 (“Order”). The Order provided petitioner with additional time and was
advised that failure to comply may result in the dismissal of this action without prejudice.
To date, petitioner has failed to address the filing fee issue and the time period for doing so
has expired.

Accordingly, for the reasons set forth in the August 29, 2013 Procedural Order, it is hereby

Ordered that the above-captioned matter is DISMISSED without prejudice.
SO ORDERED.
/s/ Denise J. Casper
Denise J. Casper
United States District Judge

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