Thompson

(HC) Martin v. Thompson

Good Law
United States District Court, Eastern District of CaliforniaAugust 26, 20192:19-cv-01492California874 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL MARTIN, No. 2:19-cv-01492 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

PAUL THOMPSON, Warden, Respondent. 16 Petitioner, a federal prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. Petitioner has not, however, filed an in forma pauperis affidavit or paid the required filing fee ($5.00). See 28 U.S.C. §§ 1914(a); 1915(a). Petitioner states he does not intend to pay the required filing fee due to “time restraints” in that “there are only 5 weeks left until he should be released.” ECF No. 1 at 15-16. Nevertheless, the undersigned will recommend dismissal of the pending petition for failure to exhaust administrative remedies. Exhaustion “As a prudential matter, courts require that habeas petitioners exhaust all available judicial and administrative remedies before seeking relief under § 2241.” Ward v. Chavez, 678 F.3d 1042,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.