Otiniano

Otiniano v. Macomber

Good Law
United States District Court, Southern District of CaliforniaMarch 21, 20253:24-cv-01230California795 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 ALBERTO OTINIANO, Case No.: 3:24-cv-1230-CAB-LR

Petitioner,

ORDER: (1) RE FINAL DISMISSAL

v. OF HABEAS ACTION AND

15 (2) DECLINING TO ISSUE JEFFREY MACOMBER, CERTIFICATE OF

APPEALABILITY

Respondent. 18 19 On July 15, 2024, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, along with a request to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. On July 18, 2024, the Court denied Petitioner’s IFP motion and dismissed the case because Petitioner’s trust account statement indicated he could afford the requisite $5.00 filing fee. ECF No. 3 (citing 28 U.S.C. § 1914(a)). The Court also notified Petitioner that to have his case reopened he must pay the filing fee by September 9, 2024. See id. Petitioner subsequently submitted two “supplemental documents,” both of which included a copy of a trust account…

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