Opinion
3:21-CV-155-DMB-DAS
09-14-2021
DEUNTA GARDNER PETITIONER v. STATE OF MISSISSIPPI, et al. RESPONDENTS
ORDER
Debra M. Brown UNITED STATES DISTRICT JUDGE
On or about July 9, 2021, Deunta Gardner filed a pro se petition for a writ of habeas corpus in the United States District Court for the Northern District of Mississippi. Doc. #1. Gardner also filed a motion to proceed in forma pauperis. Doc. #2. On July 13, 2021, United State Magistrate Judge David A. Sanders ordered Gardner to “either pay the filing fee of $5.00 or submit a proper request to proceed in forma pauperis” within 30 days, and warned Gardner that “failure to comply ... may lead to the dismissal of his petition.” Doc. #4. Despite this warning, and after receiving an extension to comply, Gardner returned only one completed page of the form and excluded the portion where he must provide his inmate account information. Doc. #10. Without his inmate account information, the Court cannot rule on his motion to proceed in forma pauperis. Because, to date, Gardner has neither paid the filing fee nor returned a complete copy of the proper form, this habeas action is DISMISSED without prejudice for failure to prosecute and failure to comply with a court order pursuant to Federal Rule of Civil Procedure 41(b).
The appropriate application was attached to the order and mailed to Gardner.
Gardner requested and was granted an extension until September 1, 2021. Doc. #8.
SO ORDERED, this 14th day of September, 2021.