Opinion
Case No. CIV-12-636-M
08-24-2012
WILLIAM G. COODEY, Petitioner, v. JUSTIN JONES, Director, et al., Respondents.
ORDER
On July 9, 2012, United States Magistrate Judge Gary M. Purcell issued a Report and Recommendation in this action brought pursuant to 28 U.S.C. § 2254, seeking a writ of habeas corpus. The Magistrate Judge recommended that the petition be dismissed without prejudice based upon petitioner's failure to cure the deficiency in his motion to proceed in forma pauperis, specifically providing the Court with the missing financial information and/or signature of authorized officer of penal institution. Petitioner was advised of his right to object to the Report and Recommendation by July 30, 2012. On July 12, 2012, this Court granted petitioner's motion for extension of time to produce the trust fund account information and ordered petitioner to produce said information by August 10, 2012. As of the date of this Order, petitioner has failed to produce the necessary financial information.
Accordingly, upon de novo review, the Court:
(1) ADOPTS the Report and Recommendation [docket no. 6] issued by the Magistrate Judge on July 9, 2012, and
(2) DISMISSES the petition for writ of habeas corpus without prejudice.
IT IS SO ORDERED this 24th day of August, 2012.
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VICKI MILES-LaGANGE
CHIEF UNITED STATES DISTRICT JUDGE