Carr
Carr v. McDowell
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PAUL D. CARR, Case No. 21-cv-900-MMA (MSB)
Petitioner,
ORDER ADOPTING REPORT AND
v. RECOMMENDATION OF UNITED
STATES MAGISTRATE JUDGE;
NEIL MCDOWELL, et al., Respondents. [Doc. No. 22]
GRANTING MOTION TO STAY
17 [Doc. No. 16] 18 19 On May 10, 2021, Petitioner Paul D. Carr, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Doc. No. 1. The Court initially dismissed the action without prejudice because Petitioner failed to satisfy the filing fee requirement and failed to adequately allege exhaustion. See Doc. No. 3. On July 12, 2021, the Court granted Petitioner’s request to proceed in forma pauperis. Doc. No. 8. However, Petitioner did not file a First Amended Petition curing the exhaustion deficiency. Instead, he filed three motions for extension of time to do so, see Doc. Nos. 5, 10, 12, which the Court granted, see 8,11, 13. …