Holmes
Holmes v. Gross
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOE RUBEN HOLMES, JR., Case No.: 24-CV-492 JLS (BLM)
Petitioner,
ORDER DISMISSING ACTION
v. WITH PREJUDICE AS FRIVOLOUS
JASON T. GROSS, (ECF No. 1) Respondent. 16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241, but has failed to pay the $5.00 filing fee or submit a request to proceed in forma pauperis. ECF No. 1. Accordingly, the Court DISMISSES this action. See Rule 3(a), 28 U.S.C. foll. § 2254; 28 U.S.C. § 1914(a); id. § 1915. In addition, the Petition is incomprehensible. See ECF No. 1 at 2–7. A pleading is “factually frivolous” if “the facts alleged rise to the level of the irrational or the wholly incredible, whether or not there are judicially noticeable facts available to contradict them.” Denton v. Hernandez, 504 U.S. 25, 32–33 (1992); see also Neitzke v. Williams, 490 U.S. 319, 325 (1989) (“[A] complaint,…