Torres
Torres v. Larios
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GILBERT ANTHONY TORRES, Case No.: 3:20-cv-0749-GPC-WVG
Petitioner,
ORDER DISMISSING CASE
v. WITHOUT PREJUDICE AND WITH
LEAVE TO AMEND
LARIOS, Correctional Officer, 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 THE 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 case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254. FAILURE TO STATE A COGNIZABLE CLAIM ON FEDERAL HABEAS In addition, it appears to the Court that a Petition for Writ of Habeas Corpus brought pursuant to § 2254 is not the proper vehicle for the claims…