United States District Court, S.D. California
September 22, 2005.
DAVID O. SMITH, Petitioner,
A.P. KANE, Warden, Respondent.
The opinion of the court was delivered by: BARRY MOSKOWITZ, District Judge
ORDER DENYING IN FORMA PAUPERIS APPLICATION AS MOOT
Petitioner, a state prisoner proceeding pro se, has paid the
$5.00 filing fee and has filed a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254. He has also filed a request
to proceed in forma pauperis which reflects a $35.88 balance in
his prison trust account.
The Court DENIES the request to proceed in forma pauperis
without prejudice as moot.
IT IS SO ORDERED.
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