Gomez v. Davis

Filing 4

OPINION and ORDER vacating re 3 Order Dismissing Case and Directing Petitioner to Correct the Deficiency. Signed by Honorable Arthur J Tarnow. (CGre)

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Gomez v. Davis Doc. 4 Case 2:07-cv-12505-AJT-VMM Document 4 Filed 08/15/2007 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ANGELINA GOMEZ, Petitioner, v. SUSAN DAVIS, Respondent, / OPINION AND ORDER VACATING THE ORDER OF SUMMARY DISMISSAL AND DIRECTING PETITIONER TO CORRECT THE DEFICIENCY Angelina Gomez, ("Petitioner"), presently confined in the Huron Valley Women's Complex in Ypsilanti, Michigan, filed a petition for writ of habeas corpus pursuant to 28 U.S.C. 2254. On June 14, 2007, Magistrate Judge R. Steven Whalen signed an "Order to Correct Deficiency," in which Petitioner was ordered to submit a $ 5.00 fee for filing a habeas corpus petition or an application to proceed in forma pauperis within twenty one days of the order. On August 9, 2007, this Court dismissed Petitioner's action dismissed without prejudice because of Petitioner's failure to comply with an order of the court. It has now come to the Court's attention that the original order of deficiency signed by Magistrate Judge Whalen was never sent by the Clerk's office to Petitioner. Accordingly, the Court will vacate the Opinion and Order of Summary Dismissal dated August 9, 2007 and reinstate the habeas petition to the Court's active docket. Civil No. 2:07-CV-12505 HONORABLE ARTHUR J. TARNOW UNITED STATES DISTRICT JUDGE 1 Dockets.Justia.com Case 2:07-cv-12505-AJT-VMM Document 4 Filed 08/15/2007 Page 2 of 2 Gomez v. Davis, 2:07-12505 Petitioner, however, failed to submit either the $5.00 filing fee or an application to proceed in forma pauperis, as required by 28 U.S.C. 1914(a); 28 U.S.C. 1915; Rule 3 of the Rules Governing 2254 Cases. Accordingly, Petitioner shall submit either the $5.00 filing fee or an original and one copy of a completed, signed and dated application to proceed in forma pauperis within 30 days of this order. Failure to do so may result in dismissal of this action. See Gravitt v. Tyszkiewicz, 14 Fed. Appx. 348, 349 (6th Cir. 2001). A copy of the in forma pauperis application is attached. ORDER Based upon the foregoing, the Opinion and Order of Summary Dismissal dated August 9, 2007 is VACATED and the Petition for Writ of Habeas Corpus is reinstated to the active docket. IT IS FURTHER ORDERED THAT Petitioner shall submit either the $5.00 filing fee or an original and one copy of a completed, signed and dated application to proceed in forma pauperis within 30 days of this order. S/Arthur J. Tarnow Arthur J. Tarnow United States District Judge Dated: August 15, 2007 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 15, 2007, by electronic and/or ordinary mail. S/Catherine A. Pickles Judicial Secretary 2

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