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Tate v. Stewart

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
Dec 21, 2015
CIVIL ACTION NO. 2:15-cv-1014-JHH-JEO (N.D. Ala. Dec. 21, 2015)

Opinion

CIVIL ACTION NO. 2:15-cv-1014-JHH-JEO

12-21-2015

FREDRICK TATE, Petitioner, v. CYNTHIA STEWART, Warden, et al., Respondents.


MEMORANDUM OPINION

On June 17, 2015, Petitioner Fredrick Tate, an Alabama State prisoner acting pro se, filed this habeas corpus action pursuant to 28 U.S.C. § 2254. (Doc. 1). Although the first page of the petition contains a notation in the upper right-hand corner reciting, "Fee for Filing Attached," (Doc. 1 at 1), no payment was actually included with the petition, nor did Petitioner include an application for leave to proceed in forma pauperis ("IFP"). Accordingly, on August 21, 2015, the court entered an order advising Petitioner that, within 30 days, he was required either to pay the applicable five-dollar filing fee, see 28 U.S.C. § 1914(a), or to submit an IFP application, see 28 U.S.C. § 1915. (Doc. 2). That notice, which was mailed to Petitioner that same day, further advised Petitioner that if he failed to comply, this action would be subject to dismissal without further notice. (Id.) Despite that warning, Petitioner has failed to comply with, or otherwise respond to, the court's order. Therefore, this action is due to be DISMISSED WITHOUT PREJUDICE for want of prosecution. A separate Final Order will be entered.

DONE this the 21st day of December, 2015.

/s/_________

SENIOR UNITED STATES DISTRICT JUDGE


Summaries of

Tate v. Stewart

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION
Dec 21, 2015
CIVIL ACTION NO. 2:15-cv-1014-JHH-JEO (N.D. Ala. Dec. 21, 2015)
Case details for

Tate v. Stewart

Case Details

Full title:FREDRICK TATE, Petitioner, v. CYNTHIA STEWART, Warden, et al., Respondents.

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION

Date published: Dec 21, 2015

Citations

CIVIL ACTION NO. 2:15-cv-1014-JHH-JEO (N.D. Ala. Dec. 21, 2015)

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