United States District Court, S.D. California
December 14, 2005.
BRIAN STEVEN McNEAL, Petitioner,
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. § 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.
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