Murillo v. Smith

Summary

The United States District Court for the Southern District of California grants Joaquin Murillo’s motion to proceed in forma pauperis in his 28 U.S.C. § 2254 habeas petition. The Court finds that the petition appears to include unexhausted claims and notifies him of four options to avoid dismissal, with a response deadline of April 9, 2025.

Holdings

1. A petitioner who cannot afford the filing fee may prosecute the action without prepaying fees or costs or posting security. Because Murillo had only $1.01 in his prison account and could not afford the $5.00 filing fee, the court granted his motion to proceed in forma pauperis.
2. A state prisoner challenging a state conviction or the length of confinement must first exhaust available state judicial remedies, including fairly presenting each federal claim to the highest state court with jurisdiction or demonstrating that no state remedy remains available.
3. A § 2254 petition containing both exhausted and unexhausted claims is subject to dismissal under the total-exhaustion rule, but the petitioner must be given an opportunity to cure the defect before dismissal.

Questions Presented

1. Whether the petitioner had exhausted state-court remedies for all claims in his § 2254 petition.
2. Whether the petition was a mixed petition subject to dismissal or required an opportunity for the petitioner to cure the exhaustion defect.
3. Whether petitioner should be permitted to proceed in forma pauperis.

Disposition

other