Cripe

Cripe v. Tuggle

Good Law
United States District Court, Southern District of CaliforniaSeptember 30, 20243:24-cv-01697California987 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Eric R. CRIPE, Case No.: 24-cv-1697-AGS-LR

Petitioner,

ORDER (1) GRANTING MOTION

v. TO PROCEED IN FORMA

PAUPERIS AND (2) DISMISSING

Joseph TUGGLE, et al.,

PETITION WITHOUT PREJUDICE

Respondents. 8 Petitioner Eric R. Cripe, a state prisoner, seeks a writ of habeas corpus and permission to proceed without paying the filing fee. While Cripe qualifies to skip the filing fee, his case must be dismissed. MOTION TO PROCEED IN FORMA PAUPERIS Cripe has $0.56 in his prisoner trust account and thus cannot afford the $5.00 filing fee. (See ECF 2, at 7.) So, the Court GRANTS Cripe’s motion and allows him to prosecute this action without prepaying fees or costs and without posting security. FAILURE TO STATE A COGNIZABLE FEDERAL CLAIM The petition, however, must be dismissed because “it plainly appears from the face of the petition and any attached exhibits that the petitioner is…

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