Roberts v. State of Missouri
MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that petitioner Bobby J. Roberts's Petition for Writ of Habeas Corpus (Docket No. 1 ) is DISMISSED without prejudice. A separate order of dismissal will be entered herewith. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Signed by District Judge Catherine D. Perry on 3/23/17. (EAB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
BOBBY J. ROBERTS,
STATE OF MISSOURI,
MEMORANDUM AND ORDER
This matter is before the Court upon review of the file. On January 3, 2017, petitioner
Bobby J. Roberts filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but
neither paid the filing fee nor moved for leave to proceed in forma pauperis. In addition, he did
not submit his petition on a court-provided form, and necessary information was omitted. On
January 20, 2017, this Court entered an order directing him to pay the filing fee or move for
leave to proceed in forma pauperis, and to submit an amended petition. Petitioner then sought
and was granted a thirty-day extension of time. His response was due to the Court on March 15,
2017, but to date he has neither complied nor sought additional time to do so.
The Federal Rules of Civil Procedure give this Court discretion to dismiss a case due to
failure to prosecute or comply with a court order. Fed. R. Civ. P. 41(b); Rule 12 of the Rules
Governing Section 2254 cases in the United States District Courts (federal rules of civil
procedure apply to § 2254 habeas proceedings, to the extent they are not inconsistent with any
statutory provisions or rules governing habeas cases). While the Court recognizes that petitioner
is proceeding pro se, such status does not excuse petitioner from following procedure. See
Faretta v. California, 422 U.S. 806, 834 (1975); Burgs v. Sissel, 745 F.2d 526, 528 (8th Cir.
1984) (per curiam). This case will be dismissed without prejudice due to petitioner’s failure to
prosecute his case, and his failure to comply with this Court’s January 20, 2017 order. Fed. R.
Civ. P. 41(b); see also Fitzwater v. Ray, 352 F. App’x 125, 126 (8th Cir. 2009) (per curiam)
(district court did not abuse its discretion in dismissing action without prejudice when the pro se
plaintiffs failed to comply with an order “directing them to file within fourteen days an amended
complaint in conformity with Rule 8”); Brown v. Frey, 806 F.2d 801, 803-04 (8th Cir. 1986) (a
district court has the power to dismiss an action for the plaintiff’s failure to comply with any
IT IS HEREBY ORDERED that petitioner Bobby J. Roberts’s Petition for Writ of
Habeas Corpus (Docket No. 1) is DISMISSED without prejudice. A separate order of dismissal
will be entered herewith.
IT IS FURTHER ORDERED that no certificate of appealability shall issue.
Dated this 23rd day of March, 2017.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
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