(HC) Bradway v. People of the State California

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GABRIEL JOHN BRADWAY, Case No.: 24-cv-2208-MMA (SBC)

Petitioner,

ORDER DISMISSING PETITION

v. WITHOUT PREJUDICE AND

DECLINING TO ISSUE CERTIFICATE

PEOPLE OF THE STATE OF

OF APPEALABILITY

CALIFORNIA,

15 Respondent.

17 Petitioner Gabriel John Bradway, a state prisoner confined at Valley State Prison proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging his 2004 conviction and sentence in San Diego County Superior Court case number SCE216951. Doc. No. 1. For the reasons discussed below, the Court dismisses the Petition without prejudice and declines to issue a certificate of appealability. I. FAILURE TO SATISFY FILING FEE REQUIREMENT First, Petitioner has neither paid the $5.00 filing fee nor moved to proceed in forma pauperis (“IFP”). Because this Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed IFP,…