Demos v. Obama et al

Filing 4

ORDER DISMISSING CASE Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOHN ROBERT DEMOS,
Petitioner,
v.

CASE NO. 13-10138
HONORABLE VICTORIA A. ROBERTS

PRESIDENT BARACK OBAMA, et al.,
Respondents.
________________________________/
ORDER OF DISMISSAL
Petitioner John Robert Demos is a prisoner at Clallam Bay Correctional Center in
Clallam Bay, Washington. On January 14, 2013, Petitioner filed a pro se habeas corpus
petition under 28 U.S.C. § 2254. Respondents are President Barack Obama and the
following individuals identified only by title: the United States Secretary of Defense; the
United States Secretary of State; the United States Attorney General; and the United
States Treasury Secretary. The habeas petition challenges a 1972 or 1974 military
court conviction for assault and robbery. Petitioner alleges that (1) he was convicted
under United States military law, but sentenced under state law, (2) he had a right to be
tried in the state or district where the crime was committed, (3) he was asked to make
an advance payment of money to guarantee that he would receive a fair trial, and (4) his
right to freedom of speech was abridged.
On January 18, 2013, United States Magistrate Judge R. Steven Whalen ordered
Petitioner to pay the $5.00 filing fee or to submit an application for leave to proceed in
forma pauperis within twenty-one days. To date, Petitioner has not responded to the
Magistrate Judge’s order.

The authority of a federal trial court to dismiss an action for failure to prosecute
“cannot seriously be doubted. The power to invoke this sanction is necessary in order
to prevent undue delays in the disposition of pending cases and to avoid congestion in
the calendars of the District Courts.” Link v. Wabash R. Co., 370 U.S. 626, 629-30
(1962) (footnote omitted). Under Federal Rule of Civil Procedure 41(b), District Courts
may dismiss a case not only for failure to prosecute, but also for failure to comply with
any order of the court. Schafer v. Defiance Police Dep’t, 529 F.3d 731, 736 (6th Cir.
2008). In addition, this Court’s Local Rules provide that, “when it appears that . . . the
parties have taken no action for a reasonable time, the court may, on its own motion
after reasonable notice or on application of a party, enter an order dismissing . . . the
case unless good cause is shown.” Local Rule 41.2 (E.D. Mich. Mar. 2, 1998).
More than twenty-one days have expired since the Magistrate Judge issued his
deficiency order in this case. During that time, Petitioner took no action and failed to
show an interest in this case. He did not pay the filing fee, file an application for leave
to proceed in forma pauperis, or communicate with the Court. Furthermore, the
Magistrate Judge notified Petitioner on January 18, 2013, that failure to comply with his
order could result in the dismissal of this action.
Under the circumstances, a dismissal is appropriate. Accordingly, the petition for
writ of habeas corpus, Doc. #1, filed January 14, 2013, is DISMISSED without prejudice
for failure to prosecute and for failure to comply with the Magistrate Judge’s order.

Dated: March 5, 2013

S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
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The undersigned certifies that a copy of this
document was served on the attorneys of
record and John Robert Demos by electronic
means or U.S. Mail on March 5, 2013.
S/Carol A. Pinegar
Deputy Clerk

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