Dunsmore
Dunsmore v. Burton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARRYL DUNSMORE, Case No.: 3:21-cv-2125-CAB-RBB
Petitioner, ORDER: v.
13 (1) GRANTING MOTION TO ROBERT BURTON, Warden, PROCEED IN FORMA PAUPERIS; Respondent. 15 (2) DISMISSING CASE WITHOUT
PREJUDICE AND WITH LEAVE TO
AMEND
On December 21, 2021, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. Petitioner failed to either pay the $5.00 filing fee or move to proceed in forma pauperis, and the Court dismissed the case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254; ECF No. 2. Petitioner was given until April 11, 2022 to either pay the $5.00 filing fee or file a Motion to Proceed in Forma Pauperis together with adequate proof of his inability to pay the fee. ECF No. 2. On February 28, 2022, Petitioner filed a Motion to Proceed in Forma Pauperis. ECF No. 3. MOTION TO…