Garrett

Garrett v. Superior Court of California, San Diego County Central Division

Good Law
United States District Court, Southern District of CaliforniaJuly 27, 20233:23-cv-01039California789 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FLOYD LINTELLI GARRETT, Case No.: 23-CV-1039 JLS (BGS)

Petitioner,

ORDER DISMISSING PETITION

v. WITHOUT PREJUDICE SUPERIOR COURT OF SAN DIEGO, Respondent. 16 On May 30. 2023, Petitioner Floyd Lintelli Garrett (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. See ECF No. 1 (“Pet.”). On June 7, 2023, the Court dismissed the Petition because Petitioner failed to satisfy the filing fee requirement and notified Petitioner that, in order to have his case reopened, he must either pay the $5.00 filing fee or provide adequate proof of his inability to pay no later than July 31, 2023. See ECF No. 2. On July 20, 2023, Petitioner paid the filing fee. See ECF No. 4. For the reasons provided below, the Court now DISMISSES WITHOUT PREJUDICE the Petition. BASIS FOR PETITION In his Petition, Petitioner states…

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