Opinion
4:22-cv-01147-BRW-JJV
01-18-2023
DEVONTAY ALEXANDER Reg. #62782-037 PETITIONER v. JOHN P. YATES, Warden, FCC Forrest City RESPONDENT
PROPOSED FINDINGS AND RECOMMENDATIONS
JOE J. VOLPE, UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The following recommended disposition has been sent to United States District Judge Billy Roy Wilson. Any party may serve and file written objections to this recommendation. Objections should be specific and should include the factual or legal basis for the objection. If the objection is to a factual finding, specifically identify that finding and the evidence that supports your objection. Your objections must be received in the office of the United States District Court Clerk no later than fourteen (14) days from the date of this recommendation. Failure to file timely objections may result in waiver of the right to appeal questions of fact.
DISPOSITION
On August 9, 2022, in the United States District Court for the Eastern District of Missouri, Petitioner Devontay Alexander filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (Doc. Nos. 1-2.) The case was transferred to this district on November 28, 2022. (Doc. No. 4.) On December 8, 2022, I entered an Order directing Petitioner to either pay the $5.00 statutory filing fee or file an Application to Proceed in District Court Without Prepaying Fees or Costs. (Doc. No. 5.) Petitioner was given thirty (30) days to comply with the Order. (Id.) That time has passed, and Petitioner has failed to pay the filing fee or file a motion to proceed in forma pauperis.
To avoid dismissal, Petitioner should either pay the $5 statutory filing fee in full or file a proper and complete motion to proceed in forma pauperis during the fourteen (14) day objection period. Otherwise, this cause of action should be DISMISSED without prejudice in accordance with Local Rule 5.5(c)(2).
Local Rule 5.5(c)(2) provides: “It is the duty of any party not represented by counsel to promptly notify the Clerk and the other parties to the proceedings of any change in his or her address, to monitor the progress of the case, and to prosecute or defend the action diligently. A party appearing for himself/herself shall sign his/her pleadings and state his/her address, zip code, and telephone number. if any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.”
IT IS, THEREFORE, RECOMMENDED that unless Petitioner either pays the $5 filing fee or files a proper and complete motion to proceed in forma pauperis during the fourteen (14) day objection period, this cause of action (Doc. Nos. 1-2) should be DISMISSED without prejudice.