Torres

Torres v. Larios

Good Law
United States District Court, Southern District of CaliforniaMay 4, 20203:20-cv-00724California542 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 GILBERT A. TORRES, Case No.: 20-CV-0724 JLS (BLM) Petitioner, ORDER DISMISSING CASE

WITHOUT PREJUDICE

v. C/O LARIOS, et al., Respondents. 16 Petitioner Gilbert Anthony Torres, 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 pay the $5.00 filing fee and has failed to 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 STATE A COGNIZABLE CLAIM ON HABEAS CORPUS 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 Petitioner presents. In the Petition, Petitioner claims that correctional officers used excessive force on him while he…

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