Sharp
Sharp v. Coalinga State Hospital
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTHONY A. SHARP, Case No.: 3:24-cv-2168-JO-KSC
Petitioner,
ORDER DISMISSING CASE WITH
v. PREJUDICE COALINGA STATE HOSPITAL, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus under 28 U.S.C. § 2254. Dkt. 1. First, this case cannot proceed because Petitioner has neither paid the $5.00 filing fee nor moved to proceed in forma pauperis (“IFP”). Second, although the Court would typically allow Petitioner an opportunity to either pay the fee or move to proceed IFP, in this case, it would be futile to do so because Petitioner is not in custody for the conviction or sentence that he seeks to challenge. See Dkt. 1 at 1. In order for this Court to have jurisdiction, “the habeas petitioner [must] be ‘in custody’ under the conviction or sentence under attack” at the time the petition is filed. Maleng v. Cook, 490 U.S. 488, 490–91 (1989)…