Lucas v. Finn et al

Filing 4

ORDER signed by Judge Kimberly J. Mueller on 7/25/2007 directing the Clerk to remove 1 Petition for Writ of Habeas Corpus filed by Daniel R. Lucas and file it in Lucas v. Finn 2:07-cv-1455 LEW GGH P. Clerk is directed to close this case. CASE CLOSED. (Waggoner, D)

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(HC) Lucas v. Finn et al Doc. 4 Case 2:07-cv-01470-FCD-KJM Document 4 Filed 07/26/2007 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 Dockets.Justia.com 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA DANIEL R. LUCAS, Petitioner, vs. CLAUDE FINN, Warden, Respondent. / Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. 2254. Petitioner's petition was filed with the court on July 23, 2007. The court's own records reveal that on July 20, 2007, petitioner filed a request to proceed in forma pauperis in a habeas case and the $5.00 filing fee for a habeas case; these documents form the basis of Lucas v. Finn, Civ. No. S-07-1455 LEW GGH P.1 Because it appears that the instant petition was intended to be included with the in forma pauperis application and the fee, this action is duplicative. ///// ///// ///// ORDER No. CIV S-07-1470 FCD KJM P Case 2:07-cv-01470-FCD-KJM Document 4 Filed 07/26/2007 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2 luca1470.123 IT IS HEREBY ORDERED that: 1. The Clerk of the Court is direct to remove the petition filed July 23, 2007 in this case and file it in Lucas v. Finn, Civ. No. S-07-1455 LEW GGH P; and 2. The Clerk of the Court is directed to close this case. DATED: July 25, 2007. 2

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