King v. Ryan et al

Filing 7

ORDER denying without prejudice 5 Petitioner's Petition Under 28 U.S.C. 2254 and 6 Motion/Application for Leave to Proceed in forma pauperis. The Clerk must open a new case and must file 5 the § 2254 Petition and 6 Application to P roceed In Forma Pauperis in the new case. The new action must be direct assigned pursuant to Local Rule of Civil Procedure 3.5 (c). In the new action, the § 2254 Petition and Application to Proceed must reflect a filing date of October 24, 2011. The Clerk must issue a Notice of Assignment for the new case. Signed by Judge G Murray Snow on 10/27/11.(LSP)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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John H. King, II,
Petitioner,

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vs.

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Charles Ryan, et al.,
Respondents.

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No. CV 11-1757-PHX-GMS (LOA)
ORDER

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On September 6, 2011, Petitioner John H. King, II, who is confined in the Arizona

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State Prison Complex-Tucson in Tucson, Arizona, filed a“Motion to Request for Extension

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of Time to File Petition under 28 U.S.C. § 2254.” In a September 8, 2011 Order, the Court

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denied the Motion and dismissed the case for lack of jurisdiction. In the Order, the Court

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stated that Petitioner was not prevented from filing a future petition for writ of habeas corpus

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in this Court. The Clerk of Court entered Judgment on September 8, 2011.

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On October 24, 2011, Petitioner filed a Petition Under 28 U.S.C. § 2254 (Doc. 5) and

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an Application to Proceed In Forma Pauperis (Doc. 6) in this case. This case is closed.

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Therefore, the Court will deny without prejudice the Petition and Application to Proceed.

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In the interests of justice, the Court will direct the Clerk of Court to open a new case

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and file the § 2254 Petition and Application to Proceed in the new case. Filings related to

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the § 2254 Petition must bear the new case number.

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....

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IT IS ORDERED:

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(1)

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Petitioner’s Petition Under 28 U.S.C. § 2254 (Doc. 5) and Application to

Proceed In Forma Pauperis (Doc. 6) are denied without prejudice.
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The Clerk of Court must open a new case and must file the § 2254 Petition

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(Doc. 5) and Application to Proceed In Forma Pauperis (Doc. 6) in the new case. The new

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action must be direct assigned pursuant to Local Rule of Civil Procedure 3.5(c). In the new

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action, the § 2254 Petition and Application to Proceed must reflect a filing date of October

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24, 2011. The Clerk of Court must issue a Notice of Assignment for the new case.

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DATED this 27th day of October, 2011.

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