Gaxiola

Gaxiola v. US Marshal's

Good Law
United States District Court, Southern District of CaliforniaMarch 2, 20203:20-cv-00279California1,821 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HECTOR GAXIOLA, Case No.: 20-CV-279 JLS (NLS)

Petitioner,

ORDER DISMISSING PETITION

v. WITHOUT PREJUDICE AND WITH

LEAVE TO AMEND

U.S. MARSHALS, Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See generally ECF No. 1 (“Pet.”). FAILURE TO SATISFY FILING FEE REQUIREMENT Petitioner has failed to pay the $5.00 filing fee and has failed to move to proceed in forma pauperis. 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 Petition without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. If Petitioner wishes to proceed, he must submit, no later than April 27, 2020, a copy of this Order with the $5.00 fee or with adequate proof of his inability to pay the fee. / / / / / / / /…

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