Myers vs Rodrigues
Judge Richard G. Stearns: ORDER entered. for the failure to comply with the April 19, 2021 Order, this action is hereby dismissed without prejudice.(PSSA, 4)
UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
CIVIL ACTION NO. 21-10507-RGS
DAVID ALI MYERS
MICHAEL RODRIGUES, SUPERINTENDENT
June 3, 2021
For the reasons stated below, this action is dismissed without
On April 14, 2021, petitioner David Ali Myers filed a pro se petition
under 28 U.S.C. § 2254 for writ of habeas corpus. Docket No. 1. On April
19, 2021, Myers was ordered to file, within 35 days, an affidavit showing
cause why the petition should not be denied for lack of subject matter
jurisdiction because he is not in custody or as time-barred. Docket No. 4.
The Order stated that failure of Myers to comply may result in the dismissal
of this action. Id.
To date, Myers has not responded and the time to do so has expired. It
is a long-established principle that this court has the authority to dismiss an
action sua sponte for a party’s failure to prosecute his action and his failure
to follow the court's orders. Fed. R. Civ. P. 41(b). Here, dismissal is
appropriate because without petitioner’s active participation, the court
cannot affect the advancement of the case to a resolution on the merits.
Accordingly, for the failure to comply with the April 19, 2021 Order,
this action is hereby dismissed without prejudice.
/s/ Richard G. Stearns
UNITED STATES DISTRICT JUDGE
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