Leon v. Hartley

Filing 15

ORDER Denying 10 Motion to Correct Case Number signed by Magistrate Judge Sandra M. Snyder on 12/06/2010. (Flores, E)

(HC) Leon v. Hartley

Doc. 15

1 2 3 4 5 6 7 8 9 10 11 12 GILBERTO LEON, 13 Petitioner, 14 15 16 JAMES D. HARTLEY, Warden, 17 Respondent. 18 19 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 20 pursuant to 28 U.S.C. § 2254. 21 On February 24, 2009, Petitioner filed a federal habeas petition challenging a 2006 decision 22 by the parole board. That case was assigned case number "1:09-CV-00445 AWI DLB HC." On 23 June 22, 2010, Respondent filed an answer to the petition in that case. 24 On May 19, 2010, Petitioner filed the instant habeas petition challenging the 2008 decision of 25 the parole board. On June 11, 2010, Respondent was ordered to respond to the petition. Respondent 26 filed an answer on August 10, 2010. Shortly before Respondent filed his answer, however, on July 27 9, 2010, Petitioner filed a traverse along with a motion to correct the case number. Apparently, 28
U . S . D is t r ic t C o u r t E. D . C a lifo r n ia cd

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) 1:10-CV-00898 OWW SMS HC ORDER DENYING MOTION TO CORRECT CASE NUMBER [Doc. #10]

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Petitioner received the answer to the petition in his prior case and misunderstood it to pertain to the instant case. The traverse he filed on July 9, 2010, was in response to the answer in the prior case, but Petitioner referenced the instant case and the traverse was filed in the instant case. The Court has reviewed the various pleadings. The case numbers referenced in the answers by Respondent were correct. Petitioner's misunderstanding is unfortunate, yet it is duty incumbent on him to keep track of his cases. Accordingly, IT IS HEREBY ORDERED that Petitioner's Motion to Correct Case Number is DENIED.

IT IS SO ORDERED. Dated: icido3 December 6, 2010 /s/ Sandra M. Snyder UNITED STATES MAGISTRATE JUDGE

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