Opinion
20cv2538-CAB-RBB
04-05-2022
MANUEL ANTONIO GONZALEZ, Plaintiff, v. WARDEN, Defendant.
ORDER REGARDING FINAL OPPORTUNITY TO FILE FIRST AMENDED PETITION
Hon. Cathy Ann Bencivengo United States District Judge.
On January 13, 2021, this Court issued an order denying in forma pauperis application and dismissing case without prejudice (“IFP Order”). [Doc. No. 3.] In the IFP order, the Court advised Petitioner that, to have the case reopened, he must (by March 15, 2021): (1) pay the filing fee or provide adequate proof of his inability to pay and (2) file a First Amended Petition (“FAP”) which adequately alleges exhaustion of state judicial remedies. [Doc. No. 3 at 4.] On January 26, 2021, Petitioner paid the filing fee. [Doc. 4.] To date, however, no FAP has been filed.
Petitioner has until May 5, 2022 to file a FAP. If no FAP is filed by May 5, 2022, this case will remain dismissed and will be permanently closed.
IT IS SO ORDERED. 1