UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NORTH CAROLINA CHARLOTTE DIVISION 3:21-cv-102-FDW (3:12-cr-188-FDW-DSC-9)

JAIMEL KENZIE DAVIDSON, ) ) Petitioner, ) ) vs. ) ) ORDER UNITED STATES OF AMERICA, ) ) Respondent. ) ____________________________________ THIS MATTER is before the Court on its March 4, 2021 Notice of Deficiency requiring Petitioner to pay the filing fee or file an application to proceed in forma pauperis, (Doc. No. 2). Petitioner filed a Petition for Writ of Habeas Corpus pursuant to

that was docketed in the instant case on March 4, 2021. (Doc. No. 1). The Clerk of Court mailed Petitioner a Notice of Deficiency that same day, instructing Petitioner to pay the $5 filing fee or file an in forma pauperis application within 21 days. (Doc. No. 2). The Court warned Petitioner that failure to comply may result in the dismissal of this action without prejudice for lack of prosecution. (Doc. No. 2 at 1). Petitioner has filed an application to proceed in forma pauperis or paid the filing fee and the time to do so has expired. Therefore, the case will be dismissed without prejudice for lack of prosecution. Fed. R. Civ. P. 41(b) (“If the plaintiff fails to prosecute or to comply with these rules or a court order, a defendant may move to dismiss the action or any claim against it.”); Link v. Wabash R.R. Co.,

(1962) (although Rule 41(b) does not expressly provide for sua sponte dismissal, a district court has the inherent power to dismiss a case for lack of 1 prosecution or violation of a court order); see, e.g., Robinson v. North Carolina,

Cir. 2019) (affirming the dismissal without prejudice of a § 2241 petition for failure to comply with an order). IT IS, THEREFORE, ORDERED that: (1) This action is DISMISSED without prejudice for lack of prosecution. (2) The Clerk of this Court is directed to terminate this action.

Signed: April 2, 2021

Frank D. Whitney é United States District Judge Ags