Neuendorf v. Ryan et al

Filing 29

ORDER: The Clerk of Court must strike the September 12, 2013 Amended Petition (Doc. 23 ). Petitioner's September 26, 2013 Application to Proceed In Forma Pauperis (Doc. 25 ) is denied as moot. Petitioner's October 17, 2013 Motion to Amend (Doc. 26 ) is denied. Petitioner's December 4, 2013 Motion for Leave to Amend (Doc. 28 ) is denied. Signed by Senior Judge Robert C Broomfield on 12/27/2013.(ALS)

1

WO

2
3
4
5
6

IN THE UNITED STATES DISTRICT COURT

7

FOR THE DISTRICT OF ARIZONA

8
9

John Calvin Neuendorf, II,

10
11
12

No. CV 12-755-PHX-RCB (DKD)

Petitioner,
vs.

ORDER

Charles L. Ryan, et al.,

13

Respondents.

14
15

Petitioner John Calvin Neuendorf, II, who is confined in the Arizona State Prison

16

Complex-Eyman, filed pro se Petition Under 28 U.S.C. § 2254 for a Writ of Habeas

17

Corpus by a Person in State Custody and an Application to Proceed In Forma Pauperis.

18

On April 26, 2012, Petitioner filed a Motion for Leave to Amend and on May 4, 2012,

19

Petitioner filed a second Motion for Leave to Amend. In a June 29, 2012 Order, the

20

Court granted the Application to Proceed and granted Petitioner leave to file an amended

21

petition. On July 27, 2012, Petitioner filed an Amended Petition.

22

On September 10, 2012, the Court dismissed the Amended Petition and this action

23

because Petitioner had not exhausted state court remedies. Judgment was entered on the

24

same date.

25

Pending before the Court are Petitioner’s September 12, 2013 Amended Petition

26

(Doc. 23), September 26, 2013 Application for Leave to Proceed In Forma Pauperis

27

(Doc. 25), October 17, 2013 Motion to Amend (Doc. 26), and December 4, 2013 Motion

28

for Leave to Amend (Doc. 28).

1

This case is closed. The Court will therefore strike Petitioner’s September 12,

2

2013 Amended Petition and deny as moot the remaining motions. If Petitioner wishes to

3

pursue his habeas claims, he must file a new petition in a new case and must pay the

4

filing fee or file in the new case a complete application to proceed in forma pauperis.

5

IT IS ORDERED:

6

(1)

7

(Doc. 23).

8

(2)

9

The Clerk of Court must strike the September 12, 2013 Amended Petition

Petitioner’s September 26, 2013 Application to Proceed In Forma Pauperis

(Doc. 25) is denied as moot.

10

(3)

Petitioner’s October 17, 2013 Motion to Amend (Doc. 26) is denied.

11

(4)

Petitioner’s December 4, 2013 Motion for Leave to Amend (Doc. 28) is

12
13

denied.
DATED this 27th day of December, 2013.

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-