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MILLER v. YATES

United States District Court, S.D. California


November 10, 2005.

SHANE MILLER, Petitioner,
v.
JAMES A. YATES, Warden Respondent.

The opinion of the court was delivered by: NAPOLEON JONES JR., District Judge

ORDER DISMISSING CASE WITHOUT PREJUDICE

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 December 27, 2005, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee.*fn1

IT IS SO ORDERED.

20051110

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