Shea
Shea v. San Diego Sheriffs
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOHN M. SHEA, Case No.: 3:23-cv-00594-MMA (WVG)
Petitioner,
ORDER:
v. (1) GRANTING MOTION TO MS. SOTO/MESA, et al.,
PROCEED IN FORMA PAUPERIS;
Respondents. AND
16 [Doc. No. 5] 17 (2) DISMISSING CASE WITHOUT
PREJUDICE AND WITH LEAVE TO
AMEND 20 On March 31, 2023, Petitioner John M. Shea (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 and a motion to proceed in forma pauperis (“IFP”). Doc. Nos. 1, 2. He then filed an Amended Petition on April 20, 2023. Doc. No. 3. On April 28, 2023, the Court denied Petitioner’s IFP motion because his trust account statement showed he had sufficient funds to pay the $5.00 filing fee, and dismissed the action because Petitioner had failed to name a proper respondent, failed to state grounds for relief, and failed to allege exhaustion of his state judicial remedies. 1 …