Recarey

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSEPH RECAREY, Case No.: 21-CV-1377 JLS (BGS)

Petitioner,

ORDER DENYING APPLICATION

v. TO PROCEED IN FORMA

PAUPERIS AND DISMISSING

FIRST AMENDED PETITION

R.J. DONOVAN, WITHOUT PREJUDICE

Respondent. (ECF Nos. 4, 5)

On July 30, 2021, Petitioner Joseph Recarey, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to U.S.C. § 2254, along with an application to proceed in forma pauperis. See ECF Nos. 1 & 2. On August 4, 2021, the Court denied Petitioner’s application to proceed in forma pauperis and dismissed the Petition without prejudice. See ECF No. 3 (the “Order”). The Court notified Petitioner that, in order to have his case reopened, he must either pay the filing fee or provide adequate proof of his inability to pay and file and First Amended Petition that cured the pleading deficiencies outlined in the Order…