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Palmisano v. Yates

United States District Court, S.D. California
Dec 19, 2005
Civil No. 05cv2223-LAB (POR) (S.D. Cal. Dec. 19, 2005)

Opinion

Civil No. 05cv2223-LAB (POR).

December 19, 2005


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 February 13, 2006, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee.

For Petitioner's convenience, a blank motion to proceed in forma pauperis is attached to this Order.

IT IS SO ORDERED.


Summaries of

Palmisano v. Yates

United States District Court, S.D. California
Dec 19, 2005
Civil No. 05cv2223-LAB (POR) (S.D. Cal. Dec. 19, 2005)
Case details for

Palmisano v. Yates

Case Details

Full title:CLAUDIO ANTONIO PALMISANO, Petitioner, v. J. YATES, Warden, et al.…

Court:United States District Court, S.D. California

Date published: Dec 19, 2005

Citations

Civil No. 05cv2223-LAB (POR) (S.D. Cal. Dec. 19, 2005)

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