Torres

Torres v. Covello

Good Law
United States District Court, Southern District of CaliforniaJune 6, 20253:25-cv-01048California1,552 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 EDUARDO JOSE TORRES, Case No.: 25cv1048-LL-LR

Petitioner,

ORDER: (1) DENYING MOTION TO

v. PROCEED IN FORMA PAUPERIS [ECF No. 6], AND PATRICK COVELLO, Warden,

Respondent. (2) DISMISSING FIRST AMENDED

PETITION WITHOUT PREJUDICE

16 17 Eduardo Jose Torres (“Petitioner”), a state prisoner proceeding pro se, is proceeding with a federal habeas action pursuant to 28 U.S.C. § 2254. On May 22, 2025, the Court dismissed the original petition without prejudice because Petitioner had failed to satisfy the filing fee requirement, failed to state a cognizable claim for habeas relief and failed to allege exhaustion of state judicial remedies. See ECF No. 3. After an extension of time, the Court gave Petitioner until August 4, 2025 to have his case reopened by (1) either paying the filing fee or providing adequate proof of his inability to pay and (2) filing an Amended Petition which cures the deficiencies outlined…

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