POLYCARPE v. MCNEIL

Filing 10

ORDER VACATING 7 Order to Show Cause as 9 Filing Fee Received. Signed by MAGISTRATE JUDGE ALLAN KORNBLUM on 1/5/2009. (jws)

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION JOSUE POLYCARPE, Petitioner, v. WALTER MCNEIL, Respondent. ___________________________/ ORDER By prior order, the Court denied Petitioner's motion for leave to proceed in forma pauperis and set November 24, 2008, as the deadline for him to submit the $5.00 filing fee. Doc. 4. Unbeknownst to the Court, the fee was paid on November 10, but was not docketed until December 30. Petitioner therefore had complied with the Court's order before the issuance of the show cause order. The show cause order, Doc. 7, is thus VACATED. DONE AND ORDERED this 5th day of January, 2009. CASE NO. 4:08-cv-439-SPM-AK

s/ A. KORNBLUM ALLAN KORNBLUM UNITED STATES MAGISTRATE JUDGE