Opinion
Case Number. 05-74048.
December 8, 2005
OPINION AND ORDER
Petitioner Darnell DeShawn Davis filed a pro se petition for a writ of habeas corpus. Petitioner, who is currently incarcerated at the Marquette Branch Prison in Marquette, Michigan, failed to pay the $5.00 filing fee or an application for leave to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915; Rule 3 of the Rules Governing Section 2254 Cases. The Court, therefore, issued an Order to Correct Deficiency on November 2, 2005.
The Deficiency Order required Petitioner to submit: (i) the $5.00 filing fee; or (ii) an application to proceed in forma pauperis. The Deficiency Order provided that, if Petitioner did not correct the deficiency within twenty-one days from the date of the Order, the petition would be subject to summary dismissal. The time for correcting the deficiency has elapsed and Petitioner has failed to do so.
Accordingly, IT IS ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE.