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Early v. Davis

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


March 14, 2006

FRANK S. EARLY, INMATE #06879-041, PETITIONER,
v.
RANDY DAVIS, RUSSELL RAU, JEFF KRUEGER, DANNY SHOFF, BUDDY ADELSBERGER, RESPONDENTS.

The opinion of the court was delivered by: James L. Foreman District Judge

JUDGMENT

This action came before the Court for preliminary consideration of Petitioner's application for writ of habeas corpus. On February 1, 2006, the Court ordered Petitioner to pay the $5.00 filing fee required in the action or file an application to proceed in forma pauperis within 30 days, warning him that failure to comply with the Court's order would result in dismissal of this action (Doc. 3). F ED.R.C IV.P. 41(b) ; see generally Ladien v. Astrachan, 128 F.3d 1051 (7 th Cir. 1997) ; Johnson v. Kamminga, 34 F.3d 466 (7 th Cir. 1994). Following Petitioner's failure to pay the filing fee or file that document in the time allotted, the Court has rendered the following decision:

IT IS ORDERED AND ADJUDGED that the petition for writ of habeas corpus is summarily dismissed without prejudice. Judgment is entered in favor of Respondents and against Petitioner.

20060314

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