The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
On August 14, 2004, Petitioner, a prisoner appearing pro se,
filed the instant petition for writ of habeas corpus. This matter
was assigned to United States District Judge Sean J. McLaughlin
and was referred to United States Magistrate Judge Susan Paradise
Baxter for report and recommendation in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and
72.1.4 of the Local Rules for Magistrates.
By Order dated July 12, 2005, Petitioner was directed to show
cause for his failure to cooperate with the U.S. Marshal Service
to serve this case. Document # 7. Petitioner responded explaining
that there had been a mixup over payments at the Marshal Service
with several of his cases. This Court responded giving Petitioner
until August 10, 2005 to provide proof of payment of the service
fees in this case. Petitioner did not respond by August 10, 2005.
On August 11, 2005, this Court issued a Report and
Recommendation recommending the dismissal of this matter for
failure to prosecute. Document # 9. Petitioner filed Objections
to the Report and Recommendation requesting that he have until
August 22, 2005 to provide proof of payment of the service fees.
As of today's date, Petitioner has still not provided this
Court with proof of his cooperation with the U.S. Marshal
Service. This case is over a year old and Petitioner has taken none of the initial steps to accomplish service.
AND NOW, this 2nd day of September, 2005;
Following a de novo review of the record in this case, IT IS
HEREBY ORDERED that the Report and Recommendation by Magistrate
Judge Baxter is adopted as the opinion of this Court. This case
is dismissed without prejudice due to Petitioner's failure to
IT IS FURTHER ORDERED that the Clerk of Courts close this case.
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