Opinion
Civil No. 05cv2194-W (JMA).
December 14, 2005
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.
For Petitioner's convenience, a blank motion to proceed in forma pauperis is attached to this Order.
IT IS SO ORDERED.