Opinion
Case No. 6:06-cv-1068-Orl-31JGG.
August 25, 2006
ORDER
Petitioner filed a habeas petition on July 19, 2006 (Doc. No. 1). However, Petitioner did not pay the filing fee, submit an Affidavit of Indigency, or file a request to proceed in forma pauperis within thirty days of the commencement of the action as required under Rule 1.03(e) of the Local Rules of the United States District Court for the Middle District of Florida. Thus, pursuant to Local Rule 1.03(e), this action will be dismissed without prejudice. The Court notes, however, that the dismissal without prejudice does not excuse Petitioner from the 1-year period of limitation for raising a habeas corpus petition in the federal courts. See 28 U.S.C. § 2241(d).
Local Rule 1.03(e)reads as follows:
(e) The Clerk shall accept for filing all prisoner cases filed with or without the required filing fee or application to proceed in forma pauperis. However, a prisoner case will be subject to dismissal by the Court, sua sponte, if the filing fee is not paid or if the application is not filed within 30 days of the commencement of the action.
Accordingly, it is now ORDERED AND ADJUDGED that this case is hereby DISMISSED without prejudice. The Clerk of the Court is directed to close this case.