Kemp v. McNeil

Full title: CHESTER L. KEMP, Petitioner, v. WALTER A. McNEIL, Respondent

Court: United States District Court, N.D. Florida, Panama City Division

Date published: Sep 19, 2008

CASE NO. 5:08-cv-282-RS-AK (N.D. Fla. Sep. 19, 2008)

Opinion

CASE NO. 5:08-cv-282-RS-AK.

September 19, 2008

ORDER

ALLAN KORNBLUM, Magistrate Judge

This matter is before the Court on Doc. 3, Attach.4, Petition for Writ of Habeas Corpus, filed by Chester Kemp. Petitioner has not, however, paid the $5.00 filing fee or filed a motion for leave to proceed in forma pauperis. Therefore, consideration of the petition will be deferred until payment is received or IFP is granted.

Accordingly, it is ORDERED:

That Walter McNeil is hereby SUBSTITUTED for the State of Florida as the proper respondent;

That the Clerk shall forward to Petitioner an application for leave to proceed in forma pauperis;

That Petitioner shall have until October 20, 2008, to either file an application for leave to proceed in forma pauperis or pay the $5.00 filing fee;

That failure to respond to this order as instructed will result in a recommendation of dismissal of this action for failure to prosecute and failure to comply with an order of this court.

DONE AND ORDERED.