Nelson v. The People of California
- Lin
- 3:24-cv-00183
- U.S. District Court · Northern District of California
- 2
Judge Lin dismissed Nelson v. The People of California without prejudice after Nelson failed to pay the filing fee or submit a request to proceed without payment.
Warren A. Nelson’s federal habeas action was dismissed without prejudice because he did not pay the filing fee or submit the required application to proceed without payment.
What happened
Nelson v. The People of California involved Warren A. Nelson’s petition asking a federal court to review his state-court custody through a legal process for challenging a conviction or sentence.
Nelson, who was representing himself, did not pay the required $5 filing fee or submit an application to proceed without paying it. The Clerk gave him 28 days to do one of those things, but he did neither and did not otherwise contact the court.
Judge Rita F. Lin dismissed the action without prejudice, meaning the dismissal did not bar a new filing. The court also noted that a future petition challenging Nelson’s conviction or sentence would likely belong in the federal district covering Los Angeles County.
The detailed version
- Nelson v. The People of California · No. 3:24-cv-00183
- Lin
- Apr. 11, 2024
Background
Warren A. Nelson, a state prisoner representing himself, filed a petition under 28 U.S.C. § 2254 seeking federal habeas relief. He did not pay the required $5.00 filing fee or submit an application to proceed without paying the fee.
Notice and Failure to Respond
On the day the case was filed, the Clerk notified Nelson that the action could not proceed until he paid the fee or submitted a completed prisoner application to proceed without payment. The Clerk provided a blank application and gave Nelson 28 days to comply, warning that the action would be dismissed if he did not do so. More than 28 days passed, and Nelson neither paid the fee, submitted the application, nor otherwise communicated with the court.
Ruling
The court ordered that the action be dismissed without prejudice. The Clerk was directed to close the file. The court also noted that Nelson was convicted in Compton, which is in Los Angeles County, and stated that if he filed another petition, he likely should file it in the United States District Court for the Central District of California, the federal district identified by the court as the preferred district for petitions challenging a conviction or sentence from that area.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.