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)

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