United States District Court, S.D. California
December 2, 2005.
DAVID PAUL FREDIANI, Petitioner,
ROSEANNE CAMPBELL, 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 and with leave to amend. See Rule 3(a),
28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this
case, he must submit, no later than February 6, 1006, 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.
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