Cabada

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Jack CABADA, Case No.: 24-cv-2311-AGS-DDL

Petitioner,

ORDER DISMISSING HABEAS

v. PETITION (ECF 1)

DONOVAN STATE PRISON, Respondent. 8 State inmate Jack Cabada, proceeding without an attorney, seeks a writ of habeas 9 corpus. But he has not paid his filing fee and did not move to be excused from paying. He 10 also failed to name a proper respondent, and his habeas claim is not cognizable. 11 Consequently, his petition is dismissed with leave to amend. 12 As a threshold matter, Cabada has neither paid the required $5.00 filing fee nor 13 moved to proceed in forma pauperis, that is, without having to pay the fee. He must do one 14 of the two. See R.3(a), Rules Governing Section 2254 Cases (2019). 15 Further, Cabada did not name a proper respondent. In federal habeas cases, a state 16 prisoner must “name the state officer having custody of him as the respondent.” Ortiz- 17 Sandoval v. Gomez, F.3d 891, 894 (9th Cir. 1996) (quoting …