1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ANTHONY A. SHARP, Case No.: 3:24-cv-2168-JO-KSC

12 Petitioner, ORDER DISMISSING CASE WITH 13 v. PREJUDICE 14 COALINGA STATE HOSPITAL, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus under

. Dkt. 1. First, this case cannot proceed because Petitioner 19 has neither paid the $5.00 filing fee nor moved to proceed in forma pauperis (“IFP”). 20 Second, although the Court would typically allow Petitioner an opportunity to either 21 pay the fee or move to proceed IFP, in this case, it would be futile to do so because 22 Petitioner is not in custody for the conviction or sentence that he seeks to challenge. See 23 Dkt. 1 at 1. In order for this Court to have jurisdiction, “the habeas petitioner [must] be ‘in 24 custody’ under the conviction or sentence under attack” at the time the petition is filed. 25 Maleng v. Cook,

, 490–91 (1989) (citing

(c)(3) & 2254(a)); 26 see Carafas v. LaVallee,

(1968). While Petitioner seeks to challenge 27 his 1997 San Diego County Superior Court judgment, see Dkt. 1 at 1, he admits that he is 28 not currently in custody pursuant to the sentence that followed; his pleadings indicate: “full 1 sentence completed.” Jd. The Court therefore lacks jurisdiction to adjudicate this Petition. 2 || For the above reasons, the Petition is DISMISSED with prejudice. The Clerk of Court is 3 || DIRECTED to close this case. 4 IT IS SO ORDERED. 5 || Dated: December 10, 2024 Qe 6 7 Hon. Jinsook Ohta g United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28