Disney v. Burt

Filing 13

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

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

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