United States District Court, S.D. California
WILLIAM Q. HAYES United States District Judge.
matter before the Court is Petitioner's letter requesting
a status update. (ECFNo. 12).
November 16, 2015, Petitioner filed for Writ of Habeas Corpus
in the Central District of California. (ECF No. 1). On
November 16, 2015, Petitioner filed Leave to Proceed In Forma
Pauperis. (ECF No. 7). On December 7, 2015, Judge Valerie
Baker Fairbank transferred Petitioner's Writ of Habeas
Corpus from the Central District of California to this Court
in the Southern District of California. (ECF No. 4). This
Court accepted the case and assigned it case number 15cv2743.
December 10, 2015, this Court issued an order denying
Petitioner's Motion to Proceed In Forma Pauperis (ECF No.
7) for failing to provide the Court with sufficient
information to determine Petitioner's financial status.
(ECF No. 8). This Court stated,
A request to proceed in forma pauperis made by a state
prisoner must include a certificate from the warden or other
appropriate officer showing the amount of money or securities
Petitioner has on account in the institution. Rule 3(a)(2),
28 U.S.C- foil. § 2254; Local Rule 3.2. Petitioner has
failed to provide the Court with the required Prison
Because this Court cannot proceed until Petitioner has either
paid the $5.00 filing fee or qualified to proceed in forma
pauperis, the Court DISMISSES the case without prejudice.
See Rule 3(a), 28 U.S.C. foil. § 2254. If
Petitioner wishes to proceed with this case, he must submit,
no later than February 8. 2016. a copy of this Order
with the $5.00 fee or with adequate proof of his inability to
pay the fee.
Id. at 1-2. This Court also dismissed
Petitioner's Complaint without prejudice because
Petitioner had failed to allege exhaustion of state judicial
remedies in his Complaint. This Court stated,
[H]abeas petitioners who wish to challenge either their state
court conviction or the length of their confinement in state
prison, must first exhaust state judicial remedies. 28 U.S.C.
§ 2254(b), (c); Cranberry v. Greer. 481 U.S.
129, 133-34 (1987). To exhaust state judicial remedies, a
California state prisoner must present the California Supreme
Court with a fair opportunity to rule on the merits of every
issue raised in his or her federal habeas petition. 28 U.S.C.
§ 2254(b), (c); Granberry. 481 U.S. at 133-34.
Moreover, to properly exhaust state court remedies a
petitioner must allege, in state court, how one or
more of his or her federal rights have been violated ....
(ECF No. 8 at 2). This Court ordered,
To have this case reopened. Petitioner must, no later than
February 8. 2016. pay the $5.00 filing fee or submit
adequate proof of his inability to pay the fee, and
file a First Amended Petition that cures the pleading
deficiencies set forth above. The Clerk of Court shall send
Petitioner a blank Southern District of California First
Amended Petition form and a blank Southern District of
California Motion to Proceed In Forma Pauperis form along
with this Order.
Id. at 4.
March 1, 2016, Petitioner sent a motion to this Court
requesting legal assistance and change of venue. (ECF No.
10). On March 17, 2016, the Court ordered:
IT IS HEREBY ORDERED that Petitioner's Request for legal
assistance and change of venue (ECF No. 10) is denied at this
stage in the proceedings. Petitioner's action was
dismissed without prejudice because Petitioner failed to
satisfy the filing fee requirement and failed to allege
exhaustion of state judicial remedies. To have this case
reopened, Petitioner must, no later than May 16..
2016. pay the $5.00 filing fee or submit adequate proof
of his ...