Fritz v. Curtain, No. 2:2009cv11215 - Document 3 (E.D. Mich. 2009)
Court Description: MEMORANDUM OPINION and ORDER of dismissal of 1 Petition for Writ of Habeas Corpus without prejudice. Signed by District Judge George Caram Steeh. (PMil)
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION BRYAN FRITZ, #525550, Petitioner, CASE NO. 09-CV-11215 HONORABLE GEORGE CARAM STEEH v. CINDI CURTAIN, Respondent. _____________________________________/ OPINION AND ORDER DISMISSING WITHOUT PREJUDICE THE PETITION FOR WRIT OF HABEAS CORPUS The Court has before it Bryan Fritz pro se petition for writ of habeas corpus. Petitioner is a state prisoner currently confined at the Oaks Correctional Facility in Manistee, Michigan. Petitioner did not pay the required filing fee when he filed his petition, nor did he submit an application to proceed in forma pauperis. See 28 U.S.C. § 1914(a); 28 U.S.C. § 1915; Rule 3 of the Rules Governing § 2254 Cases. The Court, therefore, issued an Order to Correct Deficiency on April 3, 2009 requiring Petitioner to either pay the filing fee or submit a properly completed in forma pauperis application. The order provided that if Petitioner did not submit the fee or requested information within 21 days, his case would be dismissed. The time for submitting the filing fee or required information has elapsed and Petitioner has failed to correct the deficiency. Accordingly, the Court DISMISSES WITHOUT PREJUDICE the petition for writ of habeas corpus. Petitioner may submit a new habeas 1 petition with payment of the filing fee or an in forma pauperis application. The Court makes no determination as to the merits of Petitioner s claims. IT IS SO ORDERED. Dated: May 11, 2009 S/George Caram Steeh GEORGE CARAM STEEH UNITED STATES DISTRICT JUDGE CERTIFICATE OF SERVICE Copies of this Order were served upon attorneys of record on May 11, 2009, by electronic and/or ordinary mail. S/Josephine Chaffee Deputy Clerk 2
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