Hornbeck
Hornbeck v. Calipatria State Prison
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 TERRY RAY HORNBECK, Case No.: 22-cv-395-MMA (DEB)
ORDER DIRECTING ENTRY OF
Petitioner, FINAL JUDGMENT OF DISMISSAL v. WITOUT PREJUDICE, CLOSING CASE, AND DECLINING TO ISSUE
CALIPATRIA STATE PRISON, CERTIFICATE OF
APPEALABILITY
Respondent. 16 On March 24, 2022, Terry Ray Hornbeck (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 along with an inmate trust account statement, which the Court construed as a motion to proceed in forma pauperis (“IFP”). See Doc. Nos. 1–2. On April 12, 2022, the Court issued an order granting Petitioner’s motion to proceed IFP and dismissing the Petition without prejudice for failure to name a proper defendant and for failure to state a cognizable claim on habeas corpus because Petitioner appeared to only challenge the 24 …