Byrd v. Ground

Filing 5

ORDER DISMISSING 1 Petition for Writ of Habeas Corpus; ORDER DIRECTING Clerk of Court to Enter Judgment and TERMINATE CASE signed by District Judge Lawrence J. O'Neill on 7/15/2013. CASE CLOSED. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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YAKINI DEANDRE BYRD,

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Petitioner,
v.
R.T.C. GROUND,

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Respondent.

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Case No.: 1:13-CV-00583 LJO GSA HC
ORDER DISMISSING PETITION FOR WRIT OF
HABEAS CORPUS
ORDER DIRECTING CLERK OF COURT TO
ENTER JUDGMENT AND TERMINATE CASE

Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus
pursuant to 28 U.S.C. § 2254.

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On April 19, 2013, Petitioner filed a federal petition for writ of habeas corpus in this Court.

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The petition was assigned case number “1:13-CV-00569 GSA HC,” and is currently in the briefing

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stage. The petition challenges Petitioner’s 2011 convictions in the Fresno County Superior Court for

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murder.

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On April 22, 2013, Petitioner filed a second federal petition for writ of habeas corpus in this

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Court. This petition was assigned case number “1:13-CV-00583 GSA HC.” This petition is identical

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to the previously filed petition.

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“After weighing the equities of the case, the district court may exercise its discretion to dismiss
a duplicative later-filed action, to stay that action pending resolution of the previously filed action, to
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enjoin the parties from proceeding with it, or to consolidate both actions.” Adams v. California Dept.

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of Health Services, 487 F.3d 684, 688 (9th Cir. 2007). “Plaintiffs generally have ‘no right to maintain

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two separate actions involving the same subject matter at the same time in the same court and against

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the same defendant.’” Id. (quoting Walton v. Eaton Corp., 563 F.2d 66, 70 (3d Cir. 1977)).
Because the instant petition is identical to the petition currently pending in case number “1:13-

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CV-00569 LJO GSA HC,” the instant petition must be dismissed as duplicative.
ORDER

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Accordingly, IT IS HEREBY ORDERED:

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1) The petition for writ of habeas corpus is DISMISSED as duplicative; and
2) The Clerk of Court is DIRECTED to enter judgment and terminate the case.

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IT IS SO ORDERED.

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Dated:

/s/ Lawrence J. O’Neill

July 15, 2013

UNITED STATES DISTRICT JUDGE
DEAC_Signature-END:

66h44d

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