Opinion
24-cv-11345
06-06-2024
DeVINCHE JAVON ALBRITTON, Petitioner, v. STATE OF MICHIGAN, et al. Respondents.
ORDER GRANTING PETITIONER ADDITIONAL TIME TO PAY FILING FEE OR FILE APPLICATION TO PROCEED IN FORMA PAUPERIS
HON. MATTHEW F. LEITMAN JUDGE
On May 21, 2024, Petitioner DeVinche Javon Albritton filed a petition for a writ of mandamus in this Court against Respondents the State of Michigan, the Michigan Secretary of State, the Michigan Board of Elections, and the Michigan Department of Corrections. (See Pet., ECF No. 1.) At the time he filed his petition, Albritton did not pay the required filing fee or file an application to proceed in forma pauperis in this action. Accordingly, on May 22, 2024, the Clerk of the Court issued a deficiency notice requiring Albritton to either pay the fee or file a completed application to proceed in forma pauperis by no later than June 5, 2025. (See Notice, ECF No. 3.)
It appears that Albritton never received the Court's deficiency notice. On June 4, 2024, the Virginia Department of Corrections, who currently maintains custody of Albritton, informed the Court that the address Albritton provided the Court for him to receive correspondence was not correct. (See Ltr., ECF No. 5.) It further provided the Court the correct address. (See id.)
Thus, because Albritton never received the Court's May 22 deficiency notice, the Court will EXTEND the time for Albritton to either pay the required filing fee or file a completed application to proceed in forma pauperis in this action until July 15, 2024 . If Albritton does not pay the fee or file a complete application to proceed in forma pauperis by that date, the Court will dismiss his petition without prejudice.
IT IS SO ORDERED.