Young v. Curtin

Filing 4

OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE Signed by District Judge Victoria A Roberts. (CPin)

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ROGER YOUNG, Petitioner, v. CINDI CURTIN, Respondent. / OPINION AND ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE This is a habeas case under 28 U.S.C. § 2254. Petitioner Roger Young, a Michigan state inmate currently incarcerated at the Oaks Correctional Facility in Manistee, Michigan, filed a pro se "Petition for Writ of Habeas Corpus" [dkt. # 1], claiming that he is incarcerated in violation of his constitutional rights. The Court issued an "Order to Correct Deficiency" [dkt. # 3], because Petitioner failed to submit two copies of his Petition as required by Rule 3(a), Rules Governing Section 2254 Cases. The Court required Petitioner to correct the deficiency within twenty-one (21) days and cautioned that if Petitioner failed to correct the deficiency, the Petition would be subject dismissal. The time for correcting the deficiency has elapsed and Petitioner has failed to do so. Accordingly, IT IS ORDERED that the "Petition for Writ of Habeas Corpus" [dkt. # 1] is DISMISSED WITHOUT PREJUDICE. Case Number: 09-CV-11063 Honorable Victoria A. Roberts

IT IS FURTHER ORDERED that Petitioner's `Motion to Appoint Counsel" [dkt. # 2] is DISMISSED AS MOOT.

s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: May 21, 2009
The undersigned certifies that a copy of this document was served on the attorneys of record and Roger Young by electronic means or U.S. Mail on May 21, 2009. s/Carol A. Pinegar Deputy Clerk

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