Blanton
Blanton v. Barnes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA DERRIK BLANTON, Case No.: 3:24-cv-1278-JO-SBC
Petitioner,
ORDER DISMISSING CASE
v. WITHOUT PREJUDICE 13 DEBORAH BARNES, DANA M.
SABRAW, BARRY TED MOSKOWITZ,
CDCR CARILLO, D.O.J.,
16 Respondents. 17 18 Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Dkt. 1. For the reasons discussed below, the Petition is dismissed without prejudice. First, this case cannot proceed because Petitioner has neither paid the $5.00 filing fee nor moved to proceed in forma pauperis (“IFP”). The Court therefore DISMISSES the case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed with this case, he must either pay the $5.00 fee or submit adequate proof of his inability to pay the fee no later than October 31, 2024. Second, the Petition does not clearly state a legally cognizable claim. “Rule 2(c) of grounds for…