Buckelew

Buckelew v. Gore

Good Law
United States District Court, Southern District of CaliforniaMay 28, 20203:20-cv-00938California1,537 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DION SCOTT BUCKELEW, Case No.: 3:20-cv-0938-LAB-LL

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE WILLIAM D. GORE, Sheriff, et al., Respondents. 16 Petitioner, a pretrial detainee at San Diego County Jail, 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. BASIS FOR PETITION Further, because Petitioner alleges in his current petition that he is in custody in the San Diego County Jail awaiting trial, 28 U.S.C. § 2241, and not 28 U.S.C. § 2254,…

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