Lonnie D. Delaney v. Elvin Valenzuela

Filing 8

ORDER DIRECTING Clerk of the Court to File the Petition in Case No. 1:15-cv-1634-JLT as an Amended Petition in Case No. 1:15-cv-1289-LJO-BAM signed by Magistrate Judge Jennifer L. Thurston on 10/30/2015. 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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LONNIE DEFORE DELANEY,

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Petitioner,
v.
ELVIN VALENZUELA, Warden,

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Respondent.

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Case No.: 1:15-cv-01634-JLT
Case No.: 1:15-cv-01289-LJO-BAM
ORDER DIRECTING CLERK OF THE COURT TO
FILE THE PETITION IN CASE NO.: 1:15-cv01634-JLT AS AN AMENDED PETITION IN
CASE NO.: 1:15-cv-01289-LJO-BAM

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Petitioner filed his habeas petition in case no. 1:15-cv-01289-LJO-BAM on August 4, 2015 in

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the U.S. District Court for the Central District of California. The case was transferred to this Court on

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August 19, 2015. (Doc. 3). Upon initial screening, the Court discovered that Petitioner had failed to

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sign the petition under penalty of perjury. Accordingly, on September 15, 2015, the Court ordered

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Petitioner to file a signed amended petition within thirty days. (Doc. 12).

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On October 14, 2015, Petitioner filed what was clearly intended to be a signed amended

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petition complying with the Court’s September 15, 2015 order; however, Petitioner filed the amended

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petition once again in the Central District of California, which, on October 26, 2015, transferred the

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case to this Court. Thereupon, the Clerk of the Court assigned a new case number, i.e., case no. 1:15-

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cv-01634-JLT.

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Since it is apparent that Petitioner was attempting to comply with the Court’s September 15,
2015 order by submitting a signed amended petition, and there is nothing before the Court to suggest
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that Petitioner intended to commence a separate habeas proceeding in the case no. 1:15-cv-01634-JLT,

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the Court will direct the Clerk of the Court to file the petition in case no. 1:15-cv-01634-JLT as the

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amended petition in case no. 1:15-cv-1289-LJO-BAM. When that has been accomplished, the Court

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will close case no. 1:15-cv-01634-JLT as duplicative.

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ORDER

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Accordingly, the Clerk of the Court is DIRECTED to file the original petition in case no. 1:15cv-01634-JLT as an amended petition in case no. 1:15-cv-01289-LJO-BAM.

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IT IS SO ORDERED.
Dated:

October 30, 2015

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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