Opinion
C23-5101-RAJ-MLP
03-13-2023
MARK CHRISTOPHER DOWNEY, Petitioner, v. DAVE ROBERSON, Respondent.
REPORT AND RECOMMENDATION
MICHELLE L. PETERSON UNITED STATES MAGISTRATE JUDGE
This is a federal habeas action brought under 28 U.S.C. § 2241. On February 7, 2023, Petitioner Mark Christopher Downey (“Petitioner”), proceeding pro se, submitted a proposed 28 U.S.C. § 2241 petition. (Dkt. # 1.) That same day, the Clerk of Court advised Petitioner his submission was deficient due to the filing fee requirement and that he was required to either submit a corrected application to proceed in forma pauperis (“IFP”) or pay the filing fee. (Dkt. # 3.) Petitioner was advised that failure to respond by March 9, 2023, may result in dismissal of his case. (Id.)
To date, Petitioner has neither paid the filing fee nor corrected the IFP deficiency. Accordingly, the Court recommends this action be DISMISSED without prejudice for failure to pay the filing fee as required by 28 U.S.C. § 1914. A proposed Order accompanies this Report and Recommendation.
Objections to this Report and Recommendation, if any, should be filed with the Clerk and served upon all parties to this suit within twenty-one (21) days of the date on which this Report and Recommendation is signed. Failure to file objections within the specified time may affect your right to appeal. Objections should be noted for consideration on the District Judge's motions calendar for the third Friday after they are filed. Responses to objections may be filed within fourteen (14) days after service of objections. If no timely objections are filed, the matter will be ready for consideration by the District Judge on April 7, 2023.
The Clerk is directed to send copies of this Report and Recommendation to Petitioner and to the Honorable Richard A. Jones.