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