Opinion
23-cv-03444-HSG
09-06-2023
LOLA KASALI, Petitioner, v. T. JUSINO, Respondent.
ORDER OF DISMISSAL
HAYWOOD S. GILLIAM, JR. UNITED STATES DISTRICT JUDGE
On July 11, 2023, the Court docketed a handwritten letter from Petitioner wherein she stated that she wanted to file a 28 U.S.C. § 2241 writ against Federal Correctional Institution -Dublin warden T. Jusino. Dkt. No. 1. The Court opened a habeas action based on this filing. That same day, the Court sent Petitioner deficiency notices, instructing Petitioner that she was required to (1) file her petition on the proper case-initiating form, namely a petition for a writ of habeas corpus form, and (2) either pay the $5 filing fee or file an application for leave to proceed in forma pauperis. Dkt. Nos. 2, 4. Petitioner was also informed that a failure to respond by August 8, 2023, would result in the action being dismissed, the file closed, and the filing fee due immediately. Id. The Court sent Petitioner a blank petition form and a blank in forma pauperis application form. Id.
The deadline has passed to file (1) a habeas petition on the proper form and (2) either pay the filing fee or file an application for leave to proceed in forma pauperis. Petitioner has not filed the required documents or otherwise communicated with the Court. This action cannot proceed without a signed petition on the proper form, and either the filing fee or an application to proceed in forma pauperis. Accordingly, this action is DISMISSED for failure to meet these filing requirements. The dismissal is without prejudice to Petitioner filing a motion to reopen the action.
Any motion to reopen must be accompanied by a signed petition on the proper form and either the filing fee or an application to proceed in forma pauperis.
The Clerk shall enter judgment in favor of Respondent and against Petitioner, terminate all pending motions as moot, and close the case.
IT IS SO ORDERED.