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STRUCK v. MARSHALL

May 19, 2004.

FREDERICK J. STRUCK, Petitioner,
v.
JOHN MARSHALL, warden, Respondent



The opinion of the court was delivered by: THELTON HENDERSON, Senior District Judge

ORDER OF DISMISSAL

Petitioner filed a pro se petition for writ of habeas corpus on February 25, 2004, at which time the Court notified petitioner in writing that the action was deficient due to the failure to pay the filing fee or furnish a completed and signed Court-approved in forma pauperis application, including a completed certificate of funds in the prisoner's account and a copy of the prisoner's trust account statement for the last six months. Petitioner was advised that failure to pay the fee or file the application within thirty days would result in dismissal of the action. Petitioner has failed to timely provide the Court with either the filing fee or a completed in forma pauperis application. The action is DISMISSED without prejudice for failure to pay the filing fee or submit a completed in forma pauperis application. The Clerk shall close the file.

IT IS SO ORDERED. JUDGMENT

  The action is dismissed without prejudice for failure to pay the filing fee or submit a completed in forma pauperis application.

  IT IS SO ORDERED AND ADJUDGED.

20040519

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