Patterson v. On Habeas Corpus

Filing 15

ORDER STRIKING Miscaptioned 13 Motion to Vacate Judgment signed by Magistrate Judge Barbara A. McAuliffe on 7/16/2015. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VESTER L. PATTERSON,
Petitioner,

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Case No. 1:14-cv-01400-BAM HC
ORDER STRIKING MISCAPTIONED
MOTION TO VACATE JUDGMENT

v.
ON HABEAS CORPUS,
Respondent.

(Docs. 13 and 14)

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Petitioner, a state prisoner, previously proceeded pro se in this Court with a petition for writ

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of habeas corpus pursuant to 20 U.S.C. § 2254. On November 4, 2014, the Court denied Petitioner's
motion for a stay of the above-captioned case and dismissed the petition for habeas corpus without
prejudice. The Clerk of Court closed the case.
On June 4, 2015, Petitioner filed a motion to vacate judgment. Doc. 13. On July 6, 2015,
Petitioner filed a motion/notice of error reporting that he erroneously captioned the motion to vacate
judgment, which he intended to file in a separate matter pending before the U.S. District Court for

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the Central District of California (No. CV-11-05476), and filed it in this Court. Petitioner now seeks
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to withdraw the motion to vacate the judgment from the above-entitled case and requests that the
Court transfer the motion to the case in the Central District.
Accordingly, the Court hereby strikes the motion to vacate judgment (Doc. 13) from the
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docket of the above entitled case. The Court declines to transfer the motion to the Central District;

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Petitioner is directed to refile the motion in the correct case with any supplementary documents or

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declarations that the Central District may deem necessary. The Clerk of Court is directed to mail to

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Petitioner a copy of the motion to vacate as recorded in this Court (Doc. 13) along with a copy of

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this order.

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IT IS SO ORDERED.

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Dated:

/s/ Barbara

July 16, 2015

A. McAuliffe

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UNITED STATES MAGISTRATE JUDGE
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