United States District Court, M.D. Pennsylvania
September 30, 2005.
WILLIAM HENRY RASCOE, Petitioner
JUDGE JOHN H. CHRONISTER, et al., Respondents.
The opinion of the court was delivered by: JOHN JONES, District Judge
William Henry Rascoe ("Petitioner" or "Rascoe"), an inmate
confined in the State Correctional Institution, in Dallas,
Pennsylvania, filed the above-captioned Petition for Writ of
Habeas Corpus ("the Petition") pursuant to 28 U.S.C. § 2241.
Petitioner did not name as Respondent the officer having present
custody of Petitioner. See R. GOVERNING § 2254 CASES R.2(b)
("In such a case the officer having present custody of the
applicant and the attorney general of the state in which the
judgment which he seeks to attack was entered shall each be named
By Order dated August 11, 2005, the Petition was returned to
the Petitioner for failure to name as Respondent the officer
having present custody of Petitioner, see id. 2(e) ("If a
petition . . . does not substantially comply with the
requirements of rule 2 . . . it may be returned to the
petitioner, if a judge of the court so directs, together with a
statement of the reason for its return."), and the Petitioner was
directed to file an amended Petition on or before August 30, 2005. (Rec. Doc. 6).
Petitioner was forewarned that his failure to timely comply with
the Court's Order would result in the dismissal of his case.
The relevant time has passed and Rascoe has neither submitted
an amended Petition, nor requested an extension of time within
which to do so. Thus, this action will be dismissed for
Petitioner's failure to follow a Court Order. See Fed.R.Civ.P.
NOW, THEREFORE, IT IS ORDERED THAT:
1. The Petition for Writ of Habeas Corpus is
DISMISSED pursuant to Fed.R.Civ.P. 41(b) for
Petitioner's failure to follow a Court Order.
2. The Clerk of Court is directed to CLOSE the
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