Ruth Amo v. John Tenny

Summary

The United States District Court for the Eastern District of Michigan dismissed Ruth Amo’s pro se habeas corpus petition under 28 U.S.C. § 2254 without prejudice after she failed to pay the filing fee or correct an incomplete in forma pauperis application as ordered. The court closed the case, denied a certificate of appealability, and stated that any new habeas action would require filing a new case with the fee or a completed in forma pauperis application.

Holdings

1. A federal district court may sua sponte dismiss a habeas action without prejudice when the petitioner fails to pay the filing fee or cure an incomplete in forma pauperis application after being ordered to do so.
2. A certificate of appealability should not issue because reasonable jurists would not debate the correctness of the court's procedural dismissal.

Questions Presented

1. Whether the court could dismiss the habeas petition without prejudice for failure to prosecute and failure to comply with the court's deficiency order.
2. Whether a certificate of appealability should issue from the procedural dismissal.

Disposition

dismissed