Opinion
Case No. 05-CV-72508-DT.
December 21, 2005
ORDER OF SUMMARY DISMISSAL
The Court has before it Petitioner Ray A. Eddington's pro se petition for writ of habeas corpus. Petitioner is a state prisoner currently confined at the Charles Egeler Correctional Facility in Jackson, Michigan. Petitioner did not pay the required filing fee when he filed his petition, nor did he submit a complete and up-to-date application to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915; Rule 3 of the Rules Governing § 2254 Cases. The Court, therefore, issued an Order to Correct Deficiency on June 24, 2005 requiring Petitioner to either pay the filing fee or submit a properly completed in forma pauperis application. The order provided that if Petitioner did not submit the fee or requested information within 21 days of the date of the order, his case would be dismissed.
The time for submitting the filing fee or required information has elapsed and Petitioner has failed to correct the deficiency. Accordingly, the Court DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus.
IT IS SO ORDERED.