ANDERSON v. GEORGIA
ANDERSON v. GEORGIA
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA COLUMBUS DIVISION
COREY ANDERSON, : : Petitioner, : : VS. : : NO. 4:22-CV-60-CDL-MSH STATE OF GEORGIA, : : Respondent. : _________________________________
ORDER
Pro se Petitioner Corey Anderson filed a Motion Under
28 U.S.C. § 2255to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. ECF No. 1. He is not, however, a federal prisoner. It is unclear if Petitioner was confined in state prison or a mental health facility.
Id. at 3. Petitioner complained about a July 2012 conviction in Muscogee County, Georgia.
Id. at 1. On March 29, 2022, the Court instructed Petitioner to file a
28 U.S.C. § 2254petition and to either pay the $5.00 filing fee or move to proceed in forma pauperis. ECF No. 3. Petitioner did not respond to this Order. On April 18 2022, the Court gave Petitioner fourteen days to show cause why his action should not be dismissed for failure to respond to the Court’s March 29, 2022 Order. ECF No. 5. Petitioner has not responded to the Show Cause Order. Due to Petitioner’s failure to follow the Court’s Orders and prosecute this action, the case is hereby DISMISSED WITHOUT PREJUDICE. Fed. R. Civ. P. 41(b); Brown v. Tallahassee Police Dep’t,
205 F. App’x 802, 802(11th Cir. 2006) (citing Fed. R. Civ. P. 41(b) and Lopez v. Aransas Cnty. Indep. Sch. Dist.,
570 F.2d 541, 544(5th Cir. 1978)) (“The court may dismiss an action sua sponte under Rule 41(b) for failure to prosecute or
failure to obey a court order.”).
SO ORDERED, this 9th day of May, 2022.
S/_Clay D. Land _____________________ CLAY D. LAND U.S. DISTRICT COURT JUDGE MIDDLE DISTRICT OF GEORGIA
Reference
- Status
- Unknown