Perry v. Stephenson

Filing 4

OPINION AND ORDER DENYING MOTION TO EXTEND TIME AND DISMISSING CASE WITHOUT PREJUDICE. Signed by District Judge David M. Lawson. (SPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
CHARLES MICHAEL PERRY,
Petitioner,

Civil Number 21-10950
Honorable David M. Lawson

v.
GEORGE STEPHENSON,
Respondent.
________________________________/
OPINION AND ORDER DENYING MOTION TO EXTEND TIME
AND DISMISSING CASE WITHOUT PREJUDICE
This comes to this Court in an unusual posture. Petitioner Charles Michael Perry, a
Michigan prisoner, filed a case-initiating paper entitled “Covid-19 Motion to Extend Time to File”
in April 2021 requesting that the Court grant him additional time to file a petition for a writ of
habeas corpus challenging his state court convictions. Perry did not submit an actual habeas
petition, nor did he pay the required filing fee or submit an application to proceed in forma
pauperis. Consequently, on May 20, 2021, the Court issued a deficiency order requiring him to
correct those deficiencies within 30 days, informing him that his failure to do so would result in
dismissal of this case. Perry did not correct the deficiencies within the allotted time or otherwise
respond to the Court’s orders. Instead, in August 2021, he instituted a new action by filing a
petition for a writ of habeas corpus and an application to proceed in forma pauperis. Those
materials were accepted for filing and the case is currently pending before another judge. See
Perry v. Stephenson, Case No. 21-12139 (E.D. Mich.).
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Without commenting on the timeliness of that petition, it appears that the present case
serves no useful purpose and ought to be dismissed. However, the dismissal will not constitute
an adjudication on the merits of any habeas corpus petition.
Accordingly, it is ORDERED that the petitioner’s motion to enlarge his filing deadline
(ECF No. 1) is DENIED, and this case is DISMISSED WITHOUT PREJUDICE.
s/David M. Lawson
DAVID M. LAWSON
United States District Judge
Dated:

October 20, 2021

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