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SMITH v. KANE

United States District Court, S.D. California


September 22, 2005.

DAVID O. SMITH, Petitioner,
v.
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. ยง 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.

20050922

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