Wagner v. Stewart

Filing 9

ORDER denying 8 Motion to Alter or Amend Judgment. Signed by District Judge George Caram Steeh. (MBea)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
SHERMAN LAMONT WAGNER,
Petitioner,

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

v.
ANTHONY STEWART,
Respondent.
__________________________/
ORDER DENYING PETITIONER’S MOTION
TO ALTER OR AMEND JUDGMENT [Dkt. 8]
Petitioner, Sherman Lamont Wagner, a state prisoner, filed this case
under 28 U.S.C. § 2254, challenging his Michigan convictions. On October
31, 2017, the Court summarily dismissed the petition because Petitioner
failed to pay the $5.00 filing fee or file an application to proceed in forma
pauperis. The Court notified Petitioner of the filing deficiency and provided
him an opportunity to correct it.
Petitioner’s motion asserts that he attempted to pay the filing fee by
having his girlfriend deliver funds to the Department of Corrections, and
then directing the Department to issue a check and send it to the Court.

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Petitioner has proffered a copy of the disbursement record. Nevertheless,
the Court has no record of receiving the fee.
The dismissal of the case was without prejudice. Petitioner may still
pursue federal habeas relief by filing a new petition for writ of habeas
corpus as well as the filing fee or an application for leave to proceed in
forma pauperis.
Petitioner’s motion will therefore be DENIED.
SO ORDERED.
Dated: December 7, 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
December 7, 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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