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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL BALZARINI, No. 2:20-cv-1457 CKD P 12 Plaintiff, 13 v. ORDER AND 14 GAVIN NEWSOM, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 On July 29, 2020, plaintiff was ordered to either file a completed in forma pauperis 18 application or pay the filing fee within thirty days and was cautioned that failure to do so would 19 result in dismissal. The thirty-day period has now expired, and plaintiff has not responded to the 20 court’s order. 21 The court notes that in his complaint plaintiff seeks release from San Quentin State Prison. 22 When a state prisoner challenges the legality of his custody and the relief he seeks is the 23 determination of his entitlement to an earlier or immediate release, his sole federal remedy is a 24 writ of habeas corpus. Preiser v. Rodriguez, 411 U.S. 475, 500 (1973). If plaintiff seeks release 25 from San Quentin State Prison, the only action available to him in federal court would be a 26 habeas…