Filing 3

ORDERED: Petitioner, LARRY PORTER, pay filing fee or file Motion for IFP; Walter McNeil SUBSTITUTED for State of Florida as proper respondent. (Filing Fee $5.00 due by 12/15/2008 OR Motion for IFP due by 12/15/2008.). Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 11/12/2008. (jws) (IFP form sent to Petitioner.)

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Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA GAINESVILLE DIVISION LARRY PORTER, v. Petitioner, CASE NO. 1:08-cv-233-MP-AK WALTER A. MCNEIL,1 Respondent. ___________________________/ ORDER This matter is before the Court on Doc. 1, Petition for Writ of Habeas Corpus, filed by Melvin Perez. 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 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; and he shall have until December 15, 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 this 12th day of November, 2008. s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE Petitioner's custodian, Walter McNeil, the Secretary of the Florida Department of Corrections, is the proper respondent in this habeas matter and will therefore will be substituted in place of the State of Florida. 1

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