Emert
Emert v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROB EMERT, Case No.: 3:23-cv-2318-JES-VET
Petitioner,
ORDER DISMISSING FIRST
v. AMENDED PETITION FOR WRIT
OF HABEAS CORPUS WITHOUT
PEOPLE OF THE STATE OF
PREJUDICE
CALIFORNIA, et al., 15 Respondent. 16 17 I. BACKGROUND On December 20, 2023, Petitioner submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. On January 2, 2024, the Court denied Petitioner’s IFP application and dismissed the Petition without prejudice. ECF No 5. The Court notified Petitioner that in order to have his case reopened, he must (1) either pay the filing fee or provide adequate proof of his inability to pay and (2) file a First Amended Petition curing the pleading deficiencies outlined in the Court’s Order, no later than February 16, 2024. See id. at 3. On February 13, 2024, Petitioner submitted the $5.00 filing fee,…