Haack v. Hafemann

Filing 6

ORDER DISMISSING CASE without prejudice signed by Judge Lynn Adelman on 6/5/15. (cc: all counsel, via USPS to petitioner)(dm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
_____________________________________________________________________
ROBERT J. HAACK,
Petitioner,
v.

Case No. 15-cv-0144

MICHAEL HAFEMANN, Superintendent,
Milwaukee House of Corrections,
Respondent.
_____________________________________________________________________
ORDER
Petitioner Robert Haack, pro se, filed a petition for a writ of habeas corpus in
February 2015, without the required $5.00 filing fee or a petition for leave to proceed
without prepayment of the fee. The Clerk of Court sent petitioner a letter asking him to pay
the filing fee or request leave to proceed without prepayment of the fee within twenty-one
days. When petitioner did neither, I issued an order on April 27, 2015, warning petitioner
that if he did not pay the filing fee or request leave to proceed without prepayment of the
fee within twenty-one days, I may dismiss his case. As of the date of this order, petitioner
has still done neither. In fact, petitioner has not submitted anything in this case since first
filing his petitioner in February 2015. From his failure to pay the filing fee and respond to
my order, I will infer that plaintiff no longer wishes to prosecute this action. See Fed. R. Civ.
P. 41(b).1
THEREFORE, IT IS ORDERED that this case is DISMISSED without prejudice.

1

I also note that my April 27, 2015 Order, which was mailed to petitioner at the
Milwaukee House of Corrections, was returned as undeliverable. See Docket #5.
Presumably, petitioner is no longer incarcerated at the Milwaukee House of Corrections
and did not inform the court of his change in address.

Dated at Milwaukee, Wisconsin, this 5th day of June, 2015.

s/ Lynn Adelman
_____________________
LYNN ADELMAN
District Judge

2