On January 5, 1994, the petitioner and his attorney of record filed a stipulation permitting the attorney to withdraw. On January 6, 1994, the Court directed petitioner to cause any new attorney to file a notice of representation, or in the alternative to notify the Court of his intention to represent himself, no later than January 28, 1994. The Order contained the following warning:

. . . Failure by petitioner to secure and cause the appearance of new counsel or notify the court of his intention to represent himself in accordance with this Order will result in dismissal of his petition. [Emphasis in the original.]

The time for responding to the Court's January 6, 1994 Order has expired. No appearance of counsel has been filed and the Court has not received any notice from petitioner indicating that he intends to represent himself.

THEREFORE, IT IS HEREBY ORDERED that the petition in this matter is dismissed without prejudice.

DATED in Helena, Montana, this 3rd day of February, 1994.

(SEAL)

/s/ Mike McCarter
JUDGE

c: Mr. Daniel J. Whyte
Mr. Craig Draper - Certified