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Lowe v. Fortner

July 10, 2007

ASATA D. LOWE, PETITIONER,
v.
JAMES FORTNER, WARDEN, RESPONDENT.



The opinion of the court was delivered by: Thomas A. Varlan United States District Judge

VARLAN/GUYTON

MEMORANDUM

This is a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2254. Because the petitioner did not pay the required $5.00 filing fee nor submit an application to proceed in forma pauperis, he was given thirty (30) days to either pay the filing fee or submit a completed application to proceed in forma pauperis. Petitioner was advised that failure to comply within the time allowed would result in the dismissal of this action. Petitioner has not paid the filing fee or submitted an application to proceed in forma pauperis, nor has he otherwise responded to the court's order. Accordingly, this action will be DISMISSED WITHOUT PREJUDICE for failure to prosecute.

AN APPROPRIATE ORDER WILL ENTER.

20070710

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