Birdwell v. Freeman
ORDER DISMISSING CASE: This action is DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to comply with the Court's directive. Signed by District Judge Todd J. Campbell on 9/3/2014. (xc: Pro se party by regular and certified mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.) (ds)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF TENNESSEE
BRANDY LEA BIRDWELL
VICKI FREEMAN, Warden,
Case No. 3:14-mc-0918
The Court entered a deficiency order on July 23, 2014 (ECF No. 3) directing petitioner Brandy Lea
Birdwell, a state prisoner incarcerated at the Tennessee Prison for Women, to submit either the $5.00 filing
fee or an Application to Proceed in District Court without Prepaying Fees or Costs. The order directed the
petitioner to comply with its directive within 30 days of the date the order was filed. The Court’s electronic
docket does not reflect when, if ever, the order was received by the Tennessee Prison for Women.
Nonetheless, more than 30 days has passed since entry of the deficiency order, and the petitioner has not
submitted either the required filing fee or an application to proceed without prepaying the fee. The Court
cannot review or consider a § 2254 habeas petition unless the petitioner has either submitted the filing fee or
been granted leave to proceed in forma pauperis.
This action is therefore DISMISSED WITHOUT PREJUDICE for failure to prosecute and failure to
comply with the Court’s directive.
It is so ORDERED.
This is a final judgment for purposes of Fed. R. Civ. P. 58.
United States District Judge
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