Disney v. Burt

Filing 13

ORDER DENYING Second Motion for Bond 12 as Moot. Signed by District Judge Denise Page Hood. (JOwe)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION CLIFFORD DISNEY, Petitioner, v. Civil Action No. 2:12-cv-13828 Honorable Denise Page Hood SHERRY BURT, Respondent. _______________________/ ORDER DENYING SECOND MOTION FOR BOND AS MOOT This 28 U.S.C. § 2254 matter is before the Court because Petitioner Clifford Disney filed a “Motion Rule 2.119 Appeal Bond,” on January 7, 2013. Pet’r’s Mot., ECF No. 12. This is Petitioner’s second request. The Court will deny the request as moot. On January 3, 2013, the Court dismissed Petitioner’s Habeas Petition for failing to correct his deficiency. Op. & Order, ECF No. 10. When Petitioner filed his Habeas Petition, he neither paid the required filing fee for the action nor submitted a proper Application to Proceed In Forma Pauperis. Consequently, on September 10, 2012, the Court ordered a Deficiency Order, requiring him to either submit the required filing fee or a properly completed Application to Proceed In Forma Pauperis. Order to Correct Deficiency, ECF No. 6. The Court further stated that failure to do so within twenty-one days of the Court’s Order would result in dismissal of his case. Id. Subsequently, on October 4, 2012, Petitioner filed a “Motion to Extend Time to File Account Statement,” in which he requested that the Court extend the time for correcting the deficiency. See ECF No. 7. The Court granted the Motion and gave him an additional thirty days in which to correct his deficiency, or until November 22, 2012. Order Granting Mot. to Extend Time, ECF No. 8. Because Petitioner failed to comply with the Court’s Order, the Court dismissed his Petition, and given that decision, Petitioner’s “Motion for Bond” [ECF No. 3] was denied as moot. For the reasons stated in this Order and its January 3, 2013 Opinion and Order, the Court denies Petitioner’s second Motion for Bond as moot. This case is closed. IT IS SO ORDERED. S/Denise Page Hood Denise Page Hood United States District Judge Dated: January 17, 2013 I hereby certify that a copy of the foregoing document was served upon counsel of record on January 17, 2013, by electronic and/or ordinary mail. S/LaShawn R. Saulsberry Case Manager 2

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