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McNEAL v. PEOPLE

United States District Court, S.D. California


December 14, 2005.

BRIAN STEVEN McNEAL, Petitioner,
v.
PEOPLE OF THE STATE OF CALIFORNIA, Respondent.

The opinion of the court was delivered by: THOMAS WHELAN, District Judge

ORDER DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a state detainee proceeding pro se, has filed a Petition for Writ of Habeas Corpus, 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. ยง 2254. If Petitioner wishes to proceed with this case, he must submit, no later than February 13, 2006, 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.

20051214

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