(HC) Crain v. United States District Court

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CORY M. CRAIN, No. 2:20-cv-00006 GGH P Petitioner, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

UNITED STATES DISTRICT COURT, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. 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 has filed a motion for an extension of time to file a motion to proceed in forma pauperis. ECF No. 3. The undersigned will deny the motion for an extension of time as moot given the following recommendations that this case be dismissed without prejudice for failure to exhaust state remedies. The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by…