Rodriguez

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 23-cv-2135-MMA (MSB)

Petitioner,

ORDER:

v. (1) DENYING REQUEST FOR SHERIFF KELLY MARTINEZ, et al., JUDICIAL NOTICE [Doc. No. 5]; Respondents. (2) SUMMARILY DISMISSING

SUCCESSIVE PETITION PURSUANT

TO 28 U.S.C. § 2244(b)(3)(A)

GATEKEEPER PROVISION; AND

(3) DECLINING TO ISSUE

CERTIFICATE OF APPEALABILITY

20 On November 20, 2023, Petitioner Pedro Rodriguez (“Petitioner”), a state prisoner proceeding pro se, filed a Petition for a Writ of Habeas Corpus filed under 28 U.S.C. § 2254, along with a request to proceed in forma pauperis (“IFP”). Doc. Nos. 1-2. On December 4, 2023, the Court denied Petitioner’s request to proceed IFP and dismissed the case without prejudice, directing Petitioner that to have the case reopened he must, no later than January 5, 2024, either provide the Court with the $5.00 filing fee or provide the Court adequate…