Stewart v. Booker

Full title: ERIC STEWART, Petitioner, v. RAYMOND BOOKER, Respondent

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Dec 28, 2005

Case Number: 05-CV-74024 (E.D. Mich. Dec. 28, 2005)

Opinion

Case Number: 05-CV-74024.

December 28, 2005

ORDER OF SUMMARY DISMISSAL WITHOUT PREJUDICE

LAWRENCE ZATKOFF, District Judge

Petitioner Eric Stewart filed a pro se petition for a writ of habeas corpus. Petitioner, who is currently incarcerated at the Ryan Correctional Facility in Detroit, Michigan, failed to pay the $5.00 filing fee or an application for leave to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915; Rule 3 of the Rules Governing Section 2254 Cases. The Court, therefore, issued an Order to Correct Deficiency on November 2, 2005.

The Deficiency Order required Petitioner to submit: (i) the $5.00 filing fee; or (ii) an application to proceed in forma pauperis. The Deficiency Order provided that, if Petitioner did not correct the deficiency within twenty-one days from the date of the Order, the petition would be subject to summary dismissal. The time for correcting the deficiency has elapsed and Petitioner has failed to do so.

Accordingly, IT IS ORDERED that the petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE.