Opinion
21-CV-2083 JLS (MSB)
03-25-2022
ALEXANDER JACOME, CDCR #BD-1845, Petitioner, v. IRS OF CALIFORNIA, et al., Respondents.
ORDER DISMISSING ACTION FOR FAILURE TO COMPLY WITH COURT ORDER
Hon. Janis L. Sammartino United States District Judge
On February 9, 2022, the Court denied Petitioner Alexander Jacome's (“Petitioner”) request to proceed in forma pauperis (“IFP”) for failure to include the requisite prison certificate, dismissed Petitioner's Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 (“Petition”) for failure to state a cognizable federal habeas claim, and denied without prejudice Petitioner's Motion to Appoint Counsel. See generally ECF No. 11 (the “Order”). The Court gave Petitioner until March 14, 2022, to either prepay the filing fee or file a complete request to proceed IFP and file an amended petition articulating a cognizable federal claim. Id. at 5. The Order explicitly provided: “If Petitioner fails to timely prepay the filing fee or timely complete and submit the enclosed Motion to Proceed in Forma Pauperis and/or fails to timely file an amended petition, the Court will enter a final judgment of dismissal.” Id. (emphasis removed). Petitioner has failed to comply with the Order.
Accordingly, the Court DISMISSES WITHOUT PREJUDICE Petitioner's action. As this concludes the litigation in this matter, the Clerk of the Court SHALL CLOSE the file.
IT IS SO ORDERED.