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Stacy v. United States

August 31, 2006

WANDO MYRON STACY II, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.



The opinion of the court was delivered by: Thomas W. Phillips United States District Judge

MEMORANDUM AND ORDER

Petitioner is a state inmate who is being held in federal custody, apparently under subpoena as a witness before a federal grand jury. He has filed a pleading titled "Motion to show cause why I am held in Federal Custody." The court will treat the motion as a petition for the writ of habeas corpus pursuant to 28 U.S.C. § 2241. The filing fee for a habeas corpus petition is $5.00.

The petitioner has not paid the required $5.00 filing fee nor has he submitted an application to proceed in forma pauperis. The Clerk is DIRECTED to send petitioner an application to proceed in forma pauperis. The Clerk is further DIRECTED to hold the petition for thirty (30) days pending receipt of the $5.00 filing fee or an application to proceed in forma pauperis. Petitioner is advised that failure to pay the filing fee, or submit a completed application to proceed in forma pauperis, within the time allowed will result in the automatic dismissal of this action without further notice by the Clerk of Court.

20060831

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