United States District Court, S.D. California
November 7, 2005.
STEVEN ANTHONY SEXTON, Petitioner,
GEORGE GIURBINO, Warden, Respondent.
The opinion of the court was delivered by: IRMA GONZALEZ, District Judge
ORDER DISMISSING CASE WITHOUT PREJUDICE AND WITH LEAVE TO AMEND
Petitioner, a state prisoner proceeding pro se, has filed a
Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254,
but has failed to pay the $5.00 filing fee and has failed to move
to proceed in forma pauperis. Because this Court cannot proceed
until Petitioner has either paid the $5.00 filing fee or
qualified to proceed in forma pauperis, the Court DISMISSES the
case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254.
If Petitioner wishes to proceed with this case, he must submit,
no later than January 10, 2006, a copy of this Order with the
$5.00 fee or with adequate proof of his inability to pay the
IT IS SO ORDERED.
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