Opinion
21-10950
10-20-2021
CHARLES MICHAEL PERRY, Petitioner, v. GEORGE STEPHENSON, Respondent.
OPINION AND ORDER DENYING MOTION TO EXTEND TIME AND DISMISSING CASE WITHOUT PREJUDICE
DAVID M. LAWSON UNITED STATES DISTRICT JUDGE
This comes to this Court in an unusual posture. Petitioner Charles Michael Perry, a Michigan prisoner, filed a case-initiating paper entitled “Covid-19 Motion to Extend Time to File” in April 2021 requesting that the Court grant him additional time to file a petition for a writ of habeas corpus challenging his state court convictions. Perry did not submit an actual habeas petition, nor did he pay the required filing fee or submit an application to proceed in forma pauperis. Consequently, on May 20, 2021, the Court issued a deficiency order requiring him to correct those deficiencies within 30 days, informing him that his failure to do so would result in dismissal of this case. Perry did not correct the deficiencies within the allotted time or otherwise respond to the Court's orders. Instead, in August 2021, he instituted a new action by filing a petition for a writ of habeas corpus and an application to proceed in forma pauperis. Those materials were accepted for filing and the case is currently pending before another judge. See Perry v. Stephenson, Case No. 21-12139 (E.D. Mich.).
Without commenting on the timeliness of that petition, it appears that the present case serves no useful purpose and ought to be dismissed. However, the dismissal will not constitute an adjudication on the merits of any habeas corpus petition.
Accordingly, it is ORDERED that the petitioner's motion to enlarge his filing deadline (ECF No. 1) is DENIED, and this case is DISMISSED WITHOUT PREJUDICE.