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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL BALZARINI, No. 2:20-cv-1457 CKD P Plaintiff, v. ORDER AND GAVIN NEWSOM, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 On July 29, 2020, plaintiff was ordered to either file a completed in forma pauperis application or pay the filing fee within thirty days and was cautioned that failure to do so would result in dismissal. The thirty-day period has now expired, and plaintiff has not responded to the court’s order. The court notes that in his complaint plaintiff seeks release from San Quentin State Prison. When a state prisoner challenges the legality of his custody and the relief he seeks is the determination of his entitlement to an earlier or immediate release, his sole federal remedy is a writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). If plaintiff seeks release from San Quentin State Prison, the only action available to him in federal court would be a habeas…