Slaughter v. Stokes

Filing 100

ORDER DISMISSING Claim 47 Only, With Prejudice and ORDER Discharging 98 Order to Show Cause signed by District Judge Anthony W. Ishii on 1/9/2015. (Jessen, A)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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MICHAEL COREY SLAUGHTER,

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Case No. 1:05-cv-00922-AWI-SAB

Petitioner,

DEATH PENALTY CASE

v.

ORDER DISMISSING CLAIM 47 ONLY
WITH PREJUDICE

KEVIN CHAPPELL, AS WARDEN OF SAN
QUENTIN CALIFORNIA STATE PRISON,
Respondent.

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On December 23, 2014, Magistrate Judge Stanley A. Boone ordered Petitioner either

23 show cause why Claim 47 in the second amended petition alleging clerical error in the abstract of
24 judgment should not be dismissed with prejudice, or file a dismissal with prejudice of Claim 47.
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On January 6, 2015, Petitioner and Respondent filed a stipulation that Claim 47 is moot

26 and that the Court enter an order dismissing with prejudice Claim 47 (ECF No. 99).
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Accordingly, it is HEREBY ORDERED that:

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The order to show cause (ECF No. 98) is DISCHARGED;

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2.

Claim 47 in the second amended petition for writ of habeas corpus is
DISMISSED with prejudice; and

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3.

The Clerk of the Court is directed that this case shall remain open.

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IT IS SO ORDERED.

7 Dated: January 9, 2015

SENIOR DISTRICT JUDGE

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