(HC) Roberts v. Huckleberry et al

Filing 2

ORDER Regarding Plaintiff's Notice to Court (ECF No. 24); ORDER Directing Clerk of Court to File Petition for Writ of Habeas Corpus in New Action (ECF No. 18) 1 , signed by Magistrate Judge Stanley A. Boone on 11/7/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No.: 1:18-cv-01237 SAB (PC)

DAVID NATHANIEL ROBERTS,

ORDER REGARDING PLAINTIFF’S
NOTICE TO COURT
(ECF No. 24)

Plaintiff,
v.

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ORDER DIRECTING CLERK OF COURT
TO FILE PETITION FOR WRIT OF
HABEAS CORPUS IN NEW ACTION
(ECF No. 18)

SGT. HUCKLEBERRY, et al.,
Defendants.

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Plaintiff David Nathaniel Roberts is a state prisoner proceeding pro se and in forma
pauperis in a civil rights action pursuant to 42 U.S.C. ' 1983.

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On October 5, 2018, Plaintiff filed a petition for writ of habeas corpus under 28 U.S.C. §

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2254 using the case number for this action, which was docketed in this matter. (ECF No. 18.) On

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October 19, 2018, the Court advised Plaintiff that it was not clear whether he intended to file a new

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habeas corpus action using the petition, or whether the document was in any way related to the

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instant action. The Court directed Plaintiff to inform the Court within thirty (30) days whether he

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would like the petition filed in a new, separate habeas corpus action, or the petition would be

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disregarded. (ECF No. 20, at 3.)

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Currently before the Court is Plaintiff’s notice, filed on November 5, 2018. (ECF No. 24.)

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Plaintiff’s notice discusses several matters which have been dealt with by a separate order issued
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on November 6, 2018. (ECF No. 25.) Regarding Plaintiff’s petition for writ of habeas corpus,

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Plaintiff states that he would like to file a new, separate action with that petition. (ECF No. 24, at

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1.)

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Accordingly, it is HEREBY ORDERED that:

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1.

The Clerk of Court is directed to open a new matter and file Plaintiff’s petition for

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writ of habeas corpus, filed on October 5, 2018, (ECF No. 18), in that matter. Plaintiff’s petition

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shall be filed as of the date of October 5, 2018;

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2.

A copy of this order shall also be filed in that new case matter; and

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3.

The Court will take no further action on Plaintiff’s petition in the instant case.

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Plaintiff will be informed separately regarding the new matter dealing with his petition for writ of

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habeas corpus.

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IT IS SO ORDERED.
Dated:

November 7, 2018
UNITED STATES MAGISTRATE JUDGE

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