(HC)Magee v. Sullivan

Filing 20

ORDER to Dismiss Petition as Duplicative and Successive signed by District Judge Jennifer L. Thurston on 01/09/2022. CASE CLOSED.(Flores, E)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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LOUIS MAGEE,
Petitioner,

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v.

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W.J. SULLIVAN, Warden,

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Respondent.

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) Case No.: 1:21-cv-01553 JLT (HC)
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) ORDER TO DISMISS PETITION AS
) DUPLICATIVE AND SUCCESSIVE
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On October 21, 2021, Petitioner filed the instant habeas petition in this Court. (Doc. 1.)

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Petitioner challenges his January 18, 2018 conviction. Petitioner is already proceeding with a petition

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challenging this conviction in Magee v. Cates, Case No. 1:21-cv-01598-AWI-HBK (HC). In both

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actions, Respondent filed a notice of related cases.

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Review of the petitions filed in both actions reveals that the instant petition duplicates the prior

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petition. A federal court must dismiss a second or successive petition that raises the same grounds as a

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prior petition. 28 U.S.C. § 2244(b)(1). The Court ORDERS that the petition be dismissed as

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duplicative and successive.

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IT IS SO ORDERED.
Dated:

January 9, 2022