Dyer v. Hornbeek

Filing 4

ORDER signed by Magistrate Judge Kimberly J. Mueller on 1/16/09 ORDERING the Clerk to remove the petition 1 filed in this case and file it in case # 2:08cv1917 GGH and close this case. CASE CLOSED (Kastilahn, A)

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 vs. TINA HORNBEEK, Respondent. / On August 14, 2008, petitioner filed a letter, asking to toll the statute of limitations to allow her to file a petition for a writ of habeas corpus; this matter was opened as Civ. No. S-08-1917 GGH. The court directed petitioner to file a petition for a writ of habeas corpus. On December 22, 2008, petitioner filed a petition, which was opened as a new action and assigned it this case number, Civ. No. 08-3090. It appears that the petition should have been filed in the earlier case. ///// ///// ///// 1 ORDER STACEY D. DYER, Petitioner, No. CIV S-08-3090 KJM P IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA

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2 dyer3090.nnc

IT IS THEREFORE ORDERED that: 1. The Clerk of the Court is directed to remove the petition (docket no. 1) filed in this case and file it in Civ. No. S-08-1917 GGH; and 2. The Clerk of the Court is directed to close this case. DATED: January 16, 2009.

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