Opinion
2:04-CV-0251.
October 14, 2004
ORDER WITHDRAWING REPORT AND RECOMMENDATION and GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS
On October 1, 2004, the undersigned United States Magistrate Judge entered a Report and Recommendation to the United States District Judge, recommending therein that the petition for a writ of habeas corpus filed by petitioner be dismissed for failure to pay the $5.00 filing fee. As of this date, it does not appear petitioner is currently able to pay the requisite filing fee to prosecute the instant petition. Consequently, the October 1, 2004 Report and Recommendation is hereby WITHDRAWN. Petitioner's application to proceed in forma pauperis is hereby GRANTED.
IT IS SO ORDERED.