Opinion
Case No. 3:05-cv-1230-J-12HTS.
February 16, 2006
ORDER
1. Petitioner's February 8, 2006, Motion for Reconsideration (Doc. #9) is DENIED because the docket reflects that the Clerk mailed a copy of the Court's December 13, 2005, Order (Doc. #5) to the Petitioner on December 13, 2005.
2. Petitioner's February 8, 2006, Motion for Leave to Refile Petition Under 28 U.S.C. Section 2254 for Writ of Habeas Corpus (Doc. #9) is GRANTED. Accordingly, the Clerk shall file the petition received February 8, 2006, as a new case and place the two service copies of that petition in the new case file. Petitioner shall have thirty days from the date the new case is filed in which to pay the $5.00 filing fee or file a request to proceed as a pauper.
DONE AND ORDERED at Jacksonville, Florida.