Charles Michael Williams v. Warden Demetric Godfrey

Summary

The United States District Court for the Western District of Tennessee dismissed Charles Michael Williams's 28 U.S.C. § 2254 petition without prejudice for failure to prosecute after he failed to respond to a show-cause order and update his address. The court denied a certificate of appealability and denied leave to proceed in forma pauperis on appeal, certifying that an appeal would not be taken in good faith.

Holdings

1. A habeas petition may be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) when the petitioner fails to keep the court informed of his whereabouts and fails to comply with an order directing him to respond.
2. A certificate of appealability is denied because reasonable jurists would not debate the correctness of the procedural dismissal for failure to prosecute and noncompliance with the Court's order.
3. Leave to proceed in forma pauperis on appeal is denied, and the court certifies that any appeal would not be taken in good faith.

Questions Presented

1. Whether the § 2254 petition should be dismissed without prejudice for failure to prosecute when Petitioner failed to maintain a current address and failed to respond to the Court's show-cause order.
2. Whether a certificate of appealability should issue after the petition was dismissed on procedural grounds.
3. Whether Petitioner should be permitted to proceed in forma pauperis on appeal.

Disposition

dismissed