Roberts

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ANTWAREN ROBERTS, Case No.: 3:22-cv-00251-LL-BGS

Petitioner,

ORDER DISMISSING CASE

v. WITHOUT PREJUDICE AND

DENYING MOTION FOR

KATHLEEN ALLISON,

APPOINTMENT OF COUNSEL

Respondent. WITHOUT PREJUDICE [ECF No. 2]

16 Petitioner, a state prisoner proceeding pro se,1 has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 1. However, Petitioner has failed to pay the $5.00 filing fee and/or 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 instant habeas action is subject to dismissal without prejudice. See Rule 3(a), 28 U.S.C. § 2254. Petitioner has also filed a request for the appointment of counsel to represent him in 24 25 26 In reviewing Petitioner’s Petition, the Court is mindful that “[a] document filed pro se is to be liberally construed … and a…