Fordjour v. Napolitano et al

Filing 39

ORDER signed by Magistrate Judge Gregory G. Hollows on 08/21/09 ordering that to the extent that the court's 8 07/29/09 order directed respondent to file a response to the petition within 30 days (and any subsequent traverse by petitioner) it is hereby VACATED without prejudice; Petitioner must show cause within 10 days, why this petition should not be dismissed as duplicative of case no. 2:09-cv-1800 JAM EFB; failure to comply with this order will result in dismissal of this action. [ORIGINALLY FILED IN CIV S-09-1923] (Plummer, M) Modified on 9/29/2009 (Plummer, M).

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 The "emergency motion" was deemed filed as of July 28, 2009, but the docket text entry indicates the motion was not entered in the docket until July 29, 2009. 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLES A. FORDJOUR, Petitioner, vs. ERIC H. HOLDER, JR., et al., Respondents. / Petitioner has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Order, filed on July 29, 2009, this court directed a response from petitioner. On the same day that order issued, petitioner's "emergency motion to consolidate" his pending cases, CIV-S-09-1800 JAM EFB, was entered in the docket.1 Petitioner has subsequently repeated that request. While a determination of whether or not cases should be consolidated rests with the assigned judges in an earlier filed case, this court's review of the prior filed case, CIV-S09-1800 JAM EFB, indicates that petitioner therein also challenges his indefinite detention as illegal and unconstitutional; thus, petitioner must show cause why the instant petition should not be dismissed as duplicative. ORDER No. CIV S-09-1923 GEB GGH P

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Accordingly, IT IS ORDERED that: 1. To the extent that the Order, filed on July 29, 2009 (docket # 8), directed respondent to file a response to the petition within 30 days (and any subsequent traverse by petitioner), it is hereby VACATED without prejudice; and 2. Petitioner must show cause, within ten (10) days, why this petition should not be dismissed as duplicative of Case No. 2:09-cv-1800 JAM EFB; failure to comply with this order will result in dismissal of this action. DATED: August 21, 2009 /s/ Gregory G. Hollows GREGORY G. HOLLOWS UNITED STATES MAGISTRATE JUDGE
ford1923.osc

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