Opinion
4:21-CV-27-DMB-JMV
12-03-2021
CARL MCMILLIAN PETITIONER v. UNITED STATES OF AMERICA RESPONDENT
ORDER
DEBRA M. BROWN, UNITED STATES DISTRICT JUDGE
On or about February 5, 2021, Carl McMillian filed a document which the Court construed as a petition for a writ of habeas corpus. See Docs. #1, #3. Approximately six weeks later, McMillian filed a motion to proceed in forma pauperis. Doc. #5. However, the section of the motion to provide McMillian's inmate account information is not completed. Id. at PageID 10. On April 13, 2021, McMillian was ordered to “either pay the filing fee of $5.00 or submit a proper request to proceed in forma pauperis'” within 30 days, and was warned that “failure to comply .. may lead to the dismissal of his petition.” Doc. #9. A copy of such order and an application were mailed to McMillian but returned as undeliverable. Doc. #10. Because, to date, McMillian has neither paid the filing fee nor returned a completed copy of the proper form, and has also failed to inform the Court of his correct address, this habeas action is DISMISSED without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for McMillian's failure to prosecute and failure to comply with a court order.
In a separate declaration, McMillian represents that the officials at his facility refused to assist him in completing the application or obtaining forms to pay the filing fee. Doc. #6.
At the outset of this litigation, McMillian was advised that “failure to keep this court advised of [his] current address ... could result in the dismissal of [his] case.” Doc. #2.
SO ORDERED.