Jackson v. United States of America
Filing
5
Memorandum Opinion and Order: Petitioner has failed to comply with the Courts deficiency order. Accordingly, his petition for writ of habeas corpus is dismissed without prejudice for want of prosecution. (Ordered by Judge Ed Kinkeade on 12/11/2013) (cea)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
COREY JACKSON, 13026407,
Petitioner,
)
)
)
)
)
)
)
v.
UNITED STATES OF AMERICA,
Respondent.
No. 3:13-CV-4075-K
MEMORANDUM OPINION AND ORDER
Before the Court is Petitioner Corey Jackson’s (“Petitioner’s”) petition for writ of
habeas corpus pursuant to 28 U.S.C. § 2241.
I.
Background
Petitioner filed this petition on October 8, 2013. He did not pay the filing fee or
file a request to proceed in forma pauperis. On October 9, 2013, the Court sent Petitioner
a notice of deficiency and directed the Clerk of the Court to send Petitioner a form
application to proceed in forma pauperis. The notice of deficiency informed Petitioner
that failure to cure the deficiency within thirty days could result in dismissal of his
petition. More than thirty days have passed and Petitioner has failed to pay the filing
fee or file an application to proceed in forma pauperis.
II.
Discussion
Rule 41(b) of the Federal Rules of Civil Procedure allows a court to dismiss an
action sua sponte for failure to prosecute or for failure to comply with the federal rules or
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any court order. Larson v. Scott, 157 F.3d 1030, 1031 (5th Cir. 1998). “This authority
[under Rule 41(b)] flows from the court’s inherent power to control its docket and
prevent undue delays in the disposition of pending cases.” Boudwin v. Graystone Ins. Co.,
Ltd., 756 F.2d 399, 401 (5th Cir. 1985) (citing Link v. Wabash, R.R. Co., 370 U.S. 626
(1962)). Petitioner has failed to comply with the Court’s deficiency order. Accordingly,
his petition for writ of habeas corpus is dismissed without prejudice for want of
prosecution.
IT IS SO ORDERED.
Signed this 11th day of December, 2013.
___________________________________
ED KINKEADE
UNITED STATES DISTRICT JUDGE
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