Jonathan Cary v. The Attorney General of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
11 JONATHAN CARY Case No. 2:19-cv-03272-DSF (SHK) 12 Petitioner,
ORDER SUMMARILY DENYING
v. PETITION AS PREMATURE AND
UNEXHAUSTED, DISMISSING
THE ATTORNEY GENERAL OF CASE, AND DENYING A
THE STATE OF CALIFORNIA, CERTIFICATE OF
APPEALABILITY
16 Respondent.
18 I. BACKGROUND Petitioner Jonathan Cary (“Petitioner”), proceeding pro se, signed and filed a Petition for Writ of Habeas Corpus by a Person in State Custody (“Petition” or “Pet.”) pursuant to 28 U.S.C. § 2254. Electronic Case Filing Number (“ECF No.”) 1, Pet. On May 31, 2019, the Court issued an Order to Show Cause Why This Action Should Not Be Dismissed As Untimely And Unexhausted (“First
Upon receipt of the Petition, the Clerk of Court notified Petitioner that he had failed to “pay the appropriate filing fee of $5.00” and instructed Petitioner to either pay the $5.00 filing fee or to apply to proceed in forma pauperis (“IFP”). ECF No. 1-1 Notice Re: Discrepancies in…