BARNES v. TERRELL

Filing 12

RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE JOI ELIZABETH PEAKE on 03/24/2014, that this action be dismissed without prejudice to Petitioner filing a new petition, accompanied by the $5.00 filing fee or a current application to proceed in forma pauperis.(Taylor, Abby)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA WILLIAM THOMAS BARNES, Petitioner, v. DUANE TERRELL, Respondent, ) ) ) ) ) ) ) ) 1:13CV337 RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE This matter comes before the Court on a previously-filed Petition [Doc. #1] for a writ of habeas corpus under 28 U.S.C. ยง 2254. By order of this Court dated January 10, 2014, petitioner was forewarned that this action would be dismissed without further notification should he fail to comply by February 27, 2014, with the Court's earlier order requiring Petitioner to pay the $5.00 filing fee. The Court finds that no filing fee has been paid. IT IS THEREFORE RECOMMENDED that this action be dismissed without prejudice to Petitioner filing a new petition, accompanied by the $5.00 filing fee or a current application to proceed in forma pauperis. This, the 24th day of March, 2014. /s/ Joi Elizabeth Peake United States Magistrate Judge

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