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Smith v. United States

United States District Court, Fourth Circuit

April 17, 2013

EVERETTE LEE SMITH, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

MEMORANDUM OPINION

Hon. Michael F. Urbanski United States District Judge

By Order entered March 15, 2013, the court construed Everette Lee Smith’s letter as a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 and conditionally filed the petition. In the conditional filing order, the court directed Smith to complete a § 2241 petition form and either pay the filing fee or sign and return a consent to fee form within ten (10) days of the entry of that order. The court advised Smith that failure to comply with the court’s order would result in the dismissal of his action without prejudice.

As the time allowed for such response has elapsed and as Smith has failed to respond in any way to the court’s order, it is hereby ORDERED that this action is DISMISSED without prejudice and STRICKEN from the active docket of this court. Smith is advised that he may re-file his claims in a separate action.

The Clerk of the Court is directed to send copies of this Memorandum Opinion and the accompanying Order to the parties.


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