Tramble v. Missouri Department of Corrections

Filing 4

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Steven Tramble'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 Ronnie L. White on 03/20/2017. (KCB)

UNITED ST ATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
STEVEN TRAMBLE,
Petitioner,
v.

MISSOURI DEPARTMENT OF
CORRECTIONS,
Respondent.

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No . 4:17-cv-154-RLW

MEMORANDUM AND ORDER
This matter is before the Court upon review of the file . On January 10, 2017, petitioner
Steven Tramble filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S .C. § 2254, but
neither paid the filing fee nor filed a motion for leave to proceed informa pauperis. On January
18, 2017, this Court entered an order directing him to do one or the other. Petitioner' s response
was due on February 8, 2017, but he neither complied with the Court' s order nor sought
additional time to do so. On February 17, 2017, this Court entered an order directing petitioner
to show cause why his petition should not be dismissed due to his failure to comply with the
Court' s order. His response was due on March 10, 2017 but to date, he has neither complied nor
sought additional time to do so.
The Court therefore determines that dismissal is appropriate pursuant to Rule 41 (b) of the
Federal Rules of Civil Procedure, due to plaintiff's failure to comply with court orders and to
prosecute his case. See Doe v. Cassel, 403 F.3d 986, 990 (8th Cir. 2005) (Rule 41 dismissal is
appropriate in cases of willful disobedience of a court order or persistent failure to prosecute a
complaint); Brown v. Frey, 806 F.2d 801 , 803-04 (8th Cir. 1986) (a district court has the power
to dismiss an action for the plaintiffs failure to comply with any court order); see also 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).
Accordingly,
IT IS HEREBY ORDERED that Steven Trarnble' 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 ao!hctay of March, 2017.

~./;J/dJ
UNITED STATES DISTRICT JUDGE

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