Barber v. Craig et al

Filing 28

ORDER Dismissing 1 Petition for Writ of Habeas Corpus Without Prejudice and Declining to Issue a Certificate of Appealability. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

DEXTER D. BARBER,
Petitioner,

Case Number: 16-11835
Hon. Matthew F. Leitman

v.
JAMES E. CRAIG, et al.,
Respondent.
_____________________________________/

ORDER DISMISSING PETITION WITHOUT PREJUDICE AND
DECLINING TO ISSUE A CERTIFICATE OF APPEALABILITY
Petitioner Dexter Dean Barber (“Barber”) filed a petition for a writ of habeas
corpus under 28 U.S.C. § 2241 (the “Petition”). (See ECF #1). The Petition failed
to comply with Local Rule 5.1(a)(2) of the United States District Court for the
Eastern District of Michigan because it was largely illegible. On June 6, 2016, the
Court issued an Order to Correct Deficiency (Order) (ECF #6), directing Barber to
file a legible copy of the Petition in compliance with Local Rule 5.1(a)(2) by no
later than July 15, 2016. (See ECF #6). The Order cautioned that failure to correct
with the deficiency would result in dismissal of the Petition without prejudice.
(See id.). Barber has not corrected the deficiency in the time provided and the
Petition will be dismissed without prejudice.
1

Therefore, IT IS HEREBY ORDERED that the Petition is dismissed
without prejudice.

Further, reasonable jurists would not debate the Court’s

disposition of this matter nor conclude that the issues deserve encouragement to
proceed further. The Court therefore declines to grant a certificate of appealability
under 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
IT IS SO ORDERED.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: August 2, 2016

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on August 2, 2016, by electronic means and/or ordinary
mail.
s/Holly A. Monda
Case Manager
[phone]

2