Bolin v. On Habeas Corpus

Filing 7

ORDER reassigning case to Magistrate Judge Stanley A. Boone signed by Magistrate Judge Jeremy D. Peterson on 4/26/2019. New case number is 1:18-cv-00692-LJO-SAB-(HC). (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL C BOLIN, 12 13 14 15 Case No. 1:18-cv-00692-LJO-JDP (HC) Petitioner, v. DEATH PENALTY CASE ORDER REASSIGNING CASE ON HABEAS CORPUS, Respondent. 16 17 Petitioner Paul C Bolin, a California state prisoner sentenced to death, seeks a writ of 18 habeas corpus under 28 U.S.C. § 2254. ECF No. 1. Citing no evidence, petitioner contends that 19 the government unlawfully altered the record in his criminal proceeding and that the state trial 20 court colluded and conspired with the government. See id. at 1-2. Petitioner has unsuccessfully 21 pursued habeas relief in other cases before this court. See generally Case Nos. 1:99-cv-05279- 22 LJO-SAB (E.D. Cal. filed Mar. 11, 1999), 1:12-cv-00077-LJO-GSA (E.D. Cal. filed Jan. 17, 23 2012); 1:13-cv-00498-LJO (E.D. Cal. filed Feb. 20, 2013), 1:17-cv-00985-LJO-SAB (E.D. Cal. 24 filed May 11, 2017). He appealed in Case No. 1:99-cv-05279-LJO-SAB, and his appeal remains 25 pending before the Ninth Circuit. See Case No. 16-99009 (9th Cir. filed Oct. 3, 2016). 26 In this proceeding, petitioner raises claims that are similar—if not identical—as those 27 28 1 1 raised in his other cases before United States Magistrate Judge Stanley A. Boone.1 See Case 2 No. 1:17-cv-985, ECF No. 11 at 8. The court will reassign this case to Judge Boone. See 3 L. R. 120(e), 190(d). 4 We end by addressing one additional matter. Petitioner argues in a letter that the clerk of 5 court mistakenly designated this case as a Section 2254 proceeding. See ECF No. 6 at 1-2. A 6 Section 2254 petition is the “exclusive vehicle for a habeas petition by a state prisoner in custody 7 pursuant to a state court judgment.” Dominguez v. Kernan, 906 F.3d 1127, 1135 (9th Cir. 2018) 8 (citation omitted). Petitioner may persuade the court otherwise later in the case, but we are 9 satisfied that the clerk of court did not err in designating this case as a Section 2254 proceeding. 10 Order 11 1. The clerk of court is directed to reassign this case to United States Magistrate Judge 12 Stanley A. Boone. 13 2. The new case number for this action, which must be used on all documents filed with 14 the court, is 1:18-cv-00692-LJO-SAB. 15 16 IT IS SO ORDERED. 17 Dated: April 26, 2019 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 No. 202 22 23 24 25 26 27 28 1 Local Rules require special handling of death penalty cases. See L. R. 121, 191. 2

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