Hawkins v. State et al

Filing 9

ORDER- DISMISSED without prejudice. CASE CLOSED. Signed by District Judge Debra M. Brown on 4/26/22. (cb)

Case: 3:21-cv-00265-DMB-RP Doc #: 9 Filed: 04/26/22 1 of 2 PageID #: 170

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
ARON HAWKINS

PETITIONER

V.

NO. 3:21-CV-265-DMB-RP

STATE, et al.

RESPONDENTS
ORDER

On or about December 14, 2021, Aron Hawkins filed a pro se petition for a writ of habeas
corpus1 in the United States District Court for the Northern District of Mississippi. Doc. #1.
Hawkins also filed a motion to proceed in forma pauperis. Doc. #2. On March 2, 2022, the Court,
finding that Hawkins did not use the standard form for filing a petition for a writ of habeas corpus
and did not submit a proper request to proceed in forma pauperis, 2 issued an order directing
Hawkins to (1) complete and return the proper habeas corpus form and (2) either complete and
return the proper in forma pauperis forms or pay the filing fee. Doc. #4. The order required
Hawkins to take such actions within twenty-one days and “warned that his failure to comply with
the requirements of this order may lead to the dismissal” of this case. Id. Hawkins failed to return
the completed forms within the specified time period and has not done so to date.
On April 11, 2022, the Court ordered Hawkins to show cause “why his case should not be
involuntarily dismissed as provided by Federal Rule of Civil Procedure 41(b) for failure to
prosecute and failure to comply with an order of the court.” Doc. #5. On or about April 25, 2022,
Hawkins submitted a response consisting of additional habeas-related allegations and supporting

1

Based on the substance of the document Hawkins submitted, the Court construed the document as a petition for a
writ of habeas corpus under 28 U.S.C. § 2254. See Doc. #4.
2

Hawkins did not sign his original application to proceed in forma pauperis. See Doc. #2 at PageID 78.

Case: 3:21-cv-00265-DMB-RP Doc #: 9 Filed: 04/26/22 2 of 2 PageID #: 171

documentation. Doc. #8. But Hawkins’ response does not contain the proper habeas corpus forms
or proper in forma pauperis forms and he has not paid the filing fee. See id. at PageID 86–169.
Accordingly, pursuant to Federal Rule of Civil Procedure 41(b), this case is DISMISSED without
prejudice for Hawkins’ failure to comply with a court order.
SO ORDERED, this 26th day of April, 2022.
/s/Debra M. Brown
UNITED STATES DISTRICT JUDGE

2