Martinez
Martinez v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOAQUIN M. MARTINEZ, Case No. 3:21-cv-02106-JLS-BGS
Plaintiff,
ORDER:
v. (1) SUA SPONTE SUBSTITUTING KATHLEEN ALLISON, Secretary, et al.,
RESPONDENT;
Defendants. (2) REQUIRING RESPONSE TO
PETITION (28 U.S.C. § 2254)
17 On December 17, 2021, Petitioner, 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.) On January 3, 2022, the Court dismissed the action without prejudice and with leave to amend 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.) Petitioner was given 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 cured the pleading deficiencies outlined in the Court’s Order. (Id.) On May 23, 2022, Petitioner filed an…