Opinion
21-04365 EJD (PR)
08-13-2021
ROB JOSEPH SIMMONS, Petitioner, v. MAGUIRE CORRECTIONAL FACILITY, Respondent.
ORDER OF DISMISSAL
EDWARD J. DAVILA, UNITED STATES DISTRICT JUDGE
On June 7, 2021, Petitioner, a state prisoner, filed a two-page letter which was construed as an attempt to file a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Dkt. No. 1. On the same day, the Clerk sent Petitioner two separate notices directing him: (1) to file a petition on the Court's form, Dkt. No. 2, and (2) to either pay the filing fee or file a complete application for leave to proceed in forma pauperis (“IFP”) within twenty-eight days from the date of the notice to avoid dismissal, Dkt. No. 3.
The deadline has passed, and Petitioner has failed to respond to either notice.
Accordingly, the action is DISMISSED without prejudice for failure to pay the filing fee.
IT IS SO ORDERED.