Hill v. Loden

Filing 5

ORDER- DISMISSED without prejudice. CASE CLOSED. Signed by District Judge Debra M. Brown on 1/18/2023. (cb)

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Case: 4:22-cv-00184-DMB-DAS Doc #: 5 Filed: 01/18/23 1 of 1 PageID #: 43 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION RUSSELL K. HILL PETITIONER V. NO. 4:22-CV-184-DMB-DAS WARDEN C. LODEN RESPONDENT ORDER On or about November 30, 2022, Russell K. Hill filed in the United States District Court for the Northern District of Mississippi a pro se petition for a writ of habeas corpus and a pro se motion to proceed in forma pauperis. Docs. #1, #2. However, Hill filed only one of the two pages of the standard form for a motion to proceed in forma pauperis. Doc. #2. On December 6, 2022, the Court ordered Hill “to either pay the filing fee of $5.00 or submit a proper request to proceed in forma pauperis” within 30 days and warned Hill that “failure to comply … may lead to the dismissal of his petition.” Doc. #4. A copy of such order was mailed to Hill. Because, to date, Hill has neither paid the filing fee nor filed a completed copy of the proper form, this habeas action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Hill’s failure to prosecute and failure to comply with a court order. SO ORDERED, this 18th day of January, 2023. /s/Debra M. Brown UNITED STATES DISTRICT JUDGE

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