Fegan v. Arnold

Filing 10

ORDER Denying 9 Motion to Retain Documents, signed by Magistrate Judge Sheila K. Oberto on 9/20/16. (Verduzco, M)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 STEVE FEGAN, 12 Petitioner, 13 14 15 v. Respondents. 17 19 ORDER DENYING MOTION TO RETAIN DOCUMENTS ARNOLD FRAUHEIM AND ERIC ARNOLD, 16 18 No. 1:16-cv-01142-SKO HC (Doc. 9) On August 4, 2016, Petitioner Steve Fegan filed a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, seeking relief from his original conviction and from the decision of the California Parole Board.1 On August 30, 2016, the Court dismissed the petition for lack of 20 21 22 23 jurisdiction over either claim. Claiming poverty, Petitioner now moves the Court “to retain the original documents.” The context of the motion indicates that Petitioner seeks to have the Court return his original documents so that he need not make copies. 24 As set forth in the Clerk’s letter confirming the filing of the petition and providing the 25 case number (Doc. 3), the Court does not provide copies of documents to parties. “Copies of 26 documents may be obtained from Attorney’s Diversified Services (ADS) by writing to them at 27 1 28 Pursuant to 28 U.S.C. § 636(c)(1), Petitioner consented, in writing, to the jurisdiction of a United States Magistrate Judge to conduct all further proceedings in this case, including the entry of final judgment. 1 1 1424 21st Street, Sacramento, CA 95814, or phoning 916-441-4396. The court will provide 2 copies of docket sheets at $0.50 per page. Note: In Forma Pauperis status does not include the 3 cost of copies.” Doc. 3 (emphasis original). 4 In any event, no purpose would be served by returning a copy of the petition to Petitioner. 5 6 The petition consisted of a seven-page form petition and a copy of the order authorizing 7 withdrawal of the requisite postage from Petitioner’s trust account. The petition was dismissed 8 for lack of federal jurisdiction over either claim. Petitioner can neither refile the petition nor 9 reuse a copy of the petition in any other way. 10 The motion to retain documents filed in this case is hereby DENIED. 11 12 13 14 IT IS SO ORDERED. Dated: September 20, 2016 /s/ Sheila K. Oberto UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 .

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