Peavy

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 11 EMANUAL JAMES PEAVY, Case No.: 19cv0743-MMA (BGS)

Petitioner,

ORDER DISMISSING FIRST

v. AMENDED PETITION WITHOUT

PREJUDICE AND GRANTING FINAL

RAYMOND MADDEN, Warden,

EXTENSION OF TIME TO AMEND

Respondent. 17 On April 22, 2019, Petitioner, a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241. (ECF No. 1.) On April 29, 2019, the Court construed the Petition as brought pursuant to 28 U.S.C. § 2254 and dismissed it without prejudice because Petitioner failed to satisfy the filing fee requirement, failed to name a proper respondent, failed to use a proper form, and failed to allege exhaustion of state court remedies. (ECF No. 2.) Petitioner was instructed that if he wished to proceed with this action, he was required to satisfy the filing fee requirement and file an amended petition curing those pleading defects on or before July 5, 2019. (Id.) …