Gilkey v. Burton

Filing 21

ORDER DISMISSING CASE without Prejudice. Signed by District Judge Terrence G. Berg. (AChu)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DARIUS LEIGH GILKEY,

2:17-CV-12753-TGB

Petitioner,
ORDER DISMISSING
PETITION WITHOUT
PREJUDICE

vs.
DEWAYNE BURTON,
Respondent.

Petitioner Darius Leigh Gilkey, a Michigan state prisoner, filed an
unsigned and unverified petition for writ of habeas corpus. (ECF No. 1.)
On February 18, 2020, the Court issued an Order requiring Petitioner to
file a signed and verified petition within thirty days or risk dismissal of
the petition under Fed. R. Civ. P. 41(b). (See Order to Sign and Verify
Petition, ECF No. 15.) Petitioner did not correct the deficiency within
the time allowed. On May 20, 2020, the Court issued a second Order
providing Petitioner an additional thirty days to file a signed and verified
petition and, again, cautioned that failure to comply could result in
dismissal of the petition. (See Second Order to Sign and Verify Petition,
ECF No. 19.) Petitioner has not complied with the Court’s second Order
and the time for doing so has expired.

Federal Rule of Civil Procedure 41(b) gives the district court power
to dismiss a complaint where “the plaintiff fails to prosecute or to comply
with [the Federal Rules] or a court order.” Fed. R. Civ. P. 41(b). This
rule provides the Court a tool to effectively manage its docket. Knoll v.
Am. Tel. & Tel. Co., 176 F.3d 359, 362-63 (6th Cir. 1999) (citation
omitted). Because Petitioner failed to comply with the Court’s order
despite ample time to do so and notice that failure to do so could result
in the dismissal of the petition, the Court will dismiss the petition
without prejudice. See May v. Pike Lake State Park, 8 F. App’x 507, 508
(6th Cir. 2001) (affirming dismissal of case for lack of prosecution where
pro se litigant failed to comply with “readily comprehended” order).
For these reasons, it is ORDERED that this case is DISMISSED
WITHOUT PREJUDICE.
DATED: August 7, 2020
BY THE COURT:
/s/Terrence G. Berg
TERRENCE G. BERG
United States District Judge

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