Luckett

Luckett v. San Diego Superior Court

Good Law
United States District Court, Southern District of CaliforniaDecember 10, 20193:19-cv-02206California675 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KEITH RUSSELL LUCKETT Case No.: 19cv2206 CAB (MDD)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND WITH

LEAVE TO AMEND

SAN DIEGO SUPERIOR COURT, et al., Respondents. 16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. FAILURE TO SATISFY FILING FEE REQUIREMENT Petitioner has failed to either pay the $5.00 filing fee or move to proceed in forma pauperis. This Court cannot proceed until Petitioner has either paid the $5.00 filing fee or qualified to proceed in forma pauperis. See Rule 3(a), 28 U.S.C. foll. § 2254. FAILURE TO NAME THE PROPER RESPONDENT Review of the Petition reveals that Petitioner has failed to name a proper respondent. On federal habeas, a state prisoner must name the state officer having custody of him as the respondent. Ortiz-Sandoval v. Gomez, 81 F.3d 891, 894…

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