Cook v. Dickinson et al

Filing 12

ORDER signed by Magistrate Judge Craig M. Kellison on 6/22/11 ORDERING that the Clerk of the Court is directed to docket this second petition (Doc. 11) in a newly opened case, randomly assigned off the wheel. (Amended petition opened as Case No. 2:11-cv-1696 GGH)(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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RONALD C. COOK,

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Petitioner,
vs.

ORDER

KATHLEEN L. DICKINSON, et al.,
Respondents.

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No. CIV S-10-3436-CMK-P

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Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254, challenging the 2008 denial of parole. On June 16,

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2011, the court received a second petition, which challenges a 2009 denial of parole. This

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second petition was filed as a second amended petition in this action. However, as it challenges

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a later denial of parole, this second petition should have been filed as a new action.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
docket this second petition (Doc. 11) in a newly opened case, randomly assigned off the wheel.

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DATED: June 22, 2011
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CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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