Briggs v. Suprior Court Fresno County et al

Filing 13

ORDER Denying Petitioner's 12 Motion to Reinstate Petition; ORDER Directing Clerk of Court to Provide Petitioner With Form, signed by Magistrate Judge Gary S. Austin on 12/13/12. (Attachments: # 1 Habeas Corpus Petition)(Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA
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JOHNNY LEE BRIGGS,

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Petitioner,
v.
SUPERIOR COURT OF FRESNO
COUNTY, et al.,

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1:12-CV-00270 AWI GSA HC
ORDER DENYING PETITIONER’S
MOTION TO REINSTATE PETITION
[Doc. #12]
ORDER DIRECTING CLERK OF COURT
TO PROVIDE PETITIONER WITH FORM
PETITION

Respondents.
__________________________________/

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.
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On April 26, 2012, the District Court issued an order dismissing the petition for failure to
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exhaust state remedies. Judgment was entered on the same date and the case was terminated. On
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November 28, 2012, Petitioner filed the instant motion to reinstate the petition. He states he has
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completed exhaustion of his state remedies. Petitioner is advised that this case is closed. In order to
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pursue habeas relief, he must file a new petition with the Court and commence a new case. The
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Clerk of Court will be directed to provide Petitioner with a blank form petition.
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Accordingly, IT IS HEREBY ORDERED:
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1) Petitioner’s motion to reinstate petition is DENIED; and
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2) The Clerk of Court is DIRECTED to provide Petitioner with a blank habeas form petition.
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IT IS SO ORDERED.
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Dated:
6i0kij

December 13, 2012

/s/ Gary S. Austin
UNITED STATES MAGISTRATE JUDGE

U .S. D istrict C ourt
E. D . C alifornia

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