Sutton

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 MARQUELL SMITH, Case No.: 21-CV-661 JLS (BGS)

Petitioner,

ORDER (1) DISMISSING CASE

WITHOUT PREJUDICE AND (2) DENYING MOTION TO STAY v.

AND REQUEST TO APPOINT

COUNSEL AS MOOT

J. SUTTON, Warden, et al., (ECF Nos. 1, 2) Respondents.

Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 challenging a November 4, 2020 San Diego Superior Court judgment in case number SCD137023. See ECF No. 1. Petitioner has also filed a motion to stay and a request for appointment of counsel. See ECF No. 2. FAILURE TO SATISFY FILING FEE REQUIREMENT Petitioner has not paid the $5.00 filing fee and has not filed an application to proceed in forma pauperis. Because this Court cannot proceed until Petitioner has either paid the filing fee or qualified to proceed in forma…