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RASCOE v. CHRONISTER

United States District Court, M.D. Pennsylvania


September 30, 2005.

WILLIAM HENRY RASCOE, Petitioner
v.
JUDGE JOHN H. CHRONISTER, et al., Respondents.

The opinion of the court was delivered by: JOHN JONES, District Judge

ORDER

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 as respondents.").

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. Id.

  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. 41(b).

  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 case.
20050930

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