West v. Dickinson

Filing 60

ORDER signed by Magistrate Judge Dale A. Drozd on 7/5/11 ORDERING that petitioner's 59 June 22, 2011 motion is DENIED. (Duong, D)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MACK A WEST, JR.,

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Petitioner,

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No. CIV S-09-3147 FCD DAD P

vs.
KATHLEEN DICKINSON, Warden,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding pro se with a second amended petition for

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a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner’s

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motion for an order to show cause, for a court order allowing discovery, for an evidentiary

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hearing, and for the appointment of counsel.

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Petitioner filed an identical motion with the court a little more than two months

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ago. For the same reasons set out in its order of April 21, 2011, the court will deny petitioner’s

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motion. The court also cautions petitioner that frequent filing of motions or requests involving

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issues that the court has already addressed may be viewed as an abuse of process and result in the

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imposition of sanctions. At this time, petitioner is under no obligation to file anything with the

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court until respondent files a responsive pleading to his second amended petition.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s June 22, 2011 motion

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(Doc. No. 59) is denied.

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DATED: July 5, 2011.

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DAD:9
west3147.110+(2)

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