Wren v. On Habeas Corpus

Filing 26

ORDER signed by Magistrate Judge Edmund F. Brennan on 7/31/13 ORDERING that petitioner is hereby notified that his petition for writ of habeas corpus, filed June 29, 2010, was dismissed on February 7, 2011. Petitioner is advised that the court w ill disregard and issue no response to any future filing not contemplated by the Federal Rules of Civil Procedure. The Clerk of the Court is directed to serve a copy of this order; the December 8, 2010, findings and recommendations, ECF No, 17 ; the February 7, 2011 order, ECF No. 18 ; and the February 7, 2011 judgment, ECF No. 19 , on petitioner. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFF WREN,
Petitioner,

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vs.

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No. 2:10-cv-1735-MCE-EFB

JAMES YATES,

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Respondent.
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ORDER

Petitioner is a state prisoner without counsel seeking a writ of habeas corpus pursuant to

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28 U.S.C. § 2254. On October 27, 2010, the undersigned issued an order directing petition to

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file an opposition to respondent’s motion to dismiss within 21 days. ECF No. 16. Petitioner

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failed to comply with that order. Therefore, on December 8, 2010, the undersigned issued

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findings and recommendations recommending this action be dismissed without prejudice. ECF

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No. 17. On February 7, 2011, the assigned district judge adopted the findings and

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recommendations in full, dismissed this action without prejudice, and entered judgment

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accordingly. ECF Nos. 18, 19.

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Since June 6, 2011, petitioner has filed six requests for the status of his case. ECF Nos.

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20, 21, 22, 23, 24, 25. The Clerk’s Office has responded to many of petitioner’s requests,

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informing him that his case was dismissed February 7, 2011. In his most recent request for
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status, filed July 29, 2013, petitioner states that he has not “heard about his case status in years

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and never got a deniel [sic] or approval.” ECF No. 25. Petitioner is hereby notified that his

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petition for writ of habeas corpus, filed June 29, 2010, was dismissed on February 7, 2011.

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Petitioner is advised that the court will disregard and issue no response to any future filing not

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contemplated by the Federal Rules of Civil Procedure.

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The Clerk of the Court is directed to serve a copy of this order; the December 8, 2010,

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findings and recommendations, ECF No, 17; the February 7, 2011 order, ECF No. 18; and the

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February 7, 2011 judgment, ECF No. 19, on petitioner.

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SO ORDERED.
DATED: July 31, 2013.

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