Martinez

Martinez v. The People of the State of California

Good Law
United States District Court, Southern District of CaliforniaJune 10, 20223:21-cv-02106California1,122 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER (1) GRANTING MOTION

v. TO PROCEED IN FORMA

PAUPERIS; AND (2) DISMISSING

ALLEN, Warden, et al.,

CASE WITHOUT PREJUDICE AND

Defendants. WITH LEAVE TO AMEND 16 (ECF No. 6) 18 On December 17, 2021, Petitioner Joaquin Martinez, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in this Court. ECF No. 1. The Court dismissed the action without prejudice and with leave to amend on January 2, 2022, because Petitioner had failed to either pay the filing fee or file a motion to proceed in forma pauperis and because he had failed to name a proper respondent. ECF No. 3. The Court granted Petitioner until March 7, 2022, to either pay the $5.00 filing fee or submit adequate proof of his inability to pay the fee and file a First Amended Petition that…

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