Cardona v. Walker Doc.

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Case 3:08-cv-00437-LAB-WMC Document 2 Filed 03/14/2008 Page 1 of 2

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8 UNITED STATES DISTRICT COURT
9 SOUTHERN DISTRICT OF CALIFORNIA
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11 MELECIO M. CARDONA, Civil No. 08cv0437-LAB (WMc)
12 Petitioner,
ORDER DISMISSING CASE
13 v. WITHOUT PREJUDICE
14 J. WALKER, Warden,

15 Respondent.

16 Petitioner, a state prisoner proceeding pro se, has filed a Petition for a Writ of Habeas

17 Corpus pursuant to 28 U.S.C. § 2254, but has failed to pay the $5.00 filing fee and has failed to

18 move to proceed in forma pauperis. Because this Court cannot proceed until Petitioner has either

19 paid the $5.00 filing fee or qualified to proceed in forma pauperis, the Court DISMISSES the

20 case without prejudice. See Rule 3(a), 28 U.S.C. foll. § 2254.

21 In addition, Petitioner has failed to invoke the jurisdiction of this Court. A petition for

22 a writ of habeas corpus may be filed in the United States District Court of the judicial district

23 in which the petitioner is presently confined or the judicial district in which he was convicted

24 and sentenced. See 28 U.S.C. § 2241(d); Braden v. 30th Judicial Circuit Court, 410 U.S. 484,

25 497 (1973). Petitioner here attacks a conviction suffered in the Ventura County Superior Court.

26 (Pet. at 1.) That court is within the jurisdictional boundaries of the United States District Court

27 for the Central District of California, Western Division. See 28 U.S.C. § 84(c)(2). Petitioner

28 is presently confined at the California State Prison - Sacramento. That prison is located in

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 Case 3:08-cv-00437-LAB-WMC Document 2 Filed 03/14/2008 Page 2 of 2

1 Sacramento County, California, within the jurisdictional boundaries of the United States District
2 Court for the Eastern District of California. See 28 U.S.C. § 84(d). Jurisdiction over this
3 Petition thus exists in the Central District of California, Western Division, and in the Eastern
4 District of California, and not in this Court. See 28 U.S.C. § 2241(d).
5 Because Petitioner has failed to satisfy the filing fee requirement and has failed to invoke
6 this Court’s jurisdiction, the Petition is DISMISSED without prejudice to proceed with his
7 claims in the Central District of California, Western Division, or the Eastern District of
8 California.
9 IT IS SO ORDERED.
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11 DATED: March 13, 2008
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13 H ONORABLE L ARRY A LAN B URNS
United States District Judge
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