Martinez

Martinez v. The People of the State of California

Good Law
United States District Court, Southern District of CaliforniaJanuary 3, 20223:21-cv-02106California675 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOAQUIN M. MARTINEZ, Case No.: 21-CV-2106 JLS (BGS)

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND

WITH LEAVE TO AMEND

THE PEOPLE OF THE STATE OF

CALIFORNIA,

15 Respondent. 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 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 NAME PROPER RESPONDENT In addition to failing to satisfy the filing fee requirement, Petitioner has failed to name a proper respondent. On federal habeas, a state prisoner must name the state officer having custody of him as the respondent. Ortiz-Sandoval v. Gomez,…

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