Wagner v. Stewart

Filing 6

OPINION and ORDER dismissing 1 Petition for Writ of Habeas Corpus without prejudice and denying a certificate of appealability. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

SHERMAN LAMONT WAGNER,
Petitioner,
v.

Case No. 2:17-cv-12814
Hon. George Caram Steeh

ANTHONY STEWART,
Respondent.
____________________________/
OPINION AND ORDER DISMISSING PETITION FOR
A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE
AND DENYING A CERTIFICATE OF APPEALABILITY
Sherman Wagner filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. The petition challenges his Wayne Circuit
Court conviction for assault with intent to commit murder. Petitioner did not
pay the required filing fee when he filed his petition, nor did he submit an
application to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28
U.S.C. § 1915; Rule 3 of the Rules Governing § 2254 Cases. The issued
an Order to Correct Deficiency on August 28, 2017, requiring Petitioner to
either pay the filing fee or submit a properly completed in forma pauperis
application. The order provided that if Petitioner did not submit the fee or

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requested information by September 18, 2017, his case could be
dismissed.
The time for submitting the filing fee or required information has
elapsed and Petitioner has failed to correct the deficiency. Accordingly, the
Court DISMISSES WITHOUT PREJUDICE the petition for a writ of habeas
corpus.
The Court also denies a certificate of appealability because the
disposition of the case is not reasonably debatable. See 28 U.S.C. §
2253(c)(1)(a); Fed. R. App. P. 22(b).
If Petitioner still desires to pursue habeas relief in this Court he may
submit a new habeas petition with payment of the filing fee or an in forma
pauperis application.
IT IS SO ORDERED.
Dated: October 5, 2017
s/George Caram Steeh
GEORGE CARAM STEEH
UNITED STATES DISTRICT JUDGE
CERTIFICATE OF SERVICE
Copies of this Order were served upon attorneys of record on
October 5, 2017, by electronic and/or ordinary mail and also
on Sherman Lamont Wagner #345690, G. Robert Cotton
Correctional Facility, 3500 N. Elm Road, Jackson, MI 49201.
s/Barbara Radke
Deputy Clerk

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