Ontiveros

Ontiveros v. Lozano

Good Law
United States District Court, Southern District of CaliforniaNovember 4, 20193:19-cv-02072California1,694 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 ISRAEL ONTIVEROS Case No.: 19cv2072-MMA (RBM)

Petitioner,

ORDER DISMISSING PETITION

v. WITHOUT PREJUDICE AND

NOTIFYING PETITIONER OF

JARED D. LOZANO,

OPTIONS TO AVOID FUTURE

Respondent. DISMISSAL OF MIXED PETITION 17 Petitioner, a state prisoner proceeding pro se, has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, but has neither paid the $5.00 filing fee nor submitted a request to proceed in forma pauperis. ECF No. 1. The Petition is subject to dismissal for failure to satisfy the filing fee requirement and failure to allege exhaustion of state court remedies as to every claim. FILING FEE REQUIREMENT Because this Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis, the Court DISMISSES the case without prejudice. To have this case reopened, Petitioner must submit, no…

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