RENEE BUMB, District Judge
For the reasons expressed in the Opinion filed herewith,
IT IS on this 15th day of January 2010 ,
ORDERED that, within 20 days of the date of entry of this Order, Petitioner shall either pay the $5.00 filing fee or submit application to proceed in forma pauperis; and it is further
ORDERED that the Petition is DISMISSED without prejudice for failure to exhaust administrative remedies; and it is further
ORDERED that Petitioner's motion [docket entry #2] for a preliminary injunction and telephone conference is DENIED as moot; and it is finally
ORDERED that the Clerk shall serve this Order and the accompanying Opinion upon Petitioner by regular mail, together with a blank application to proceed in forma pauperis in a habeas case, and shall close the file.