Stone v Martel, et al.,

Filing 55

ORDER signed by Magistrate Judge Gregory G. Hollows on 07/13/11 DENYING 45 Motion to Dismiss; DENYING 51 Motion for Relief; DENYING 53 Motion to Amend the Complaint. (Michel, G)

1
2
3
4
5
6
7
8

IN THE UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10

AARON P. STONE,
Petitioner,

11
vs.

12
13

No. CIV S-10-3454 KJM GGH P

M. MARTEL, et al.,
Respondents.

14

ORDER
/

15

Petitioner is a state prisoner proceeding pro se with this application for a writ of

16
17

habeas corpus pursuant to 28 U.S.C. § 2254. In recent months, petitioner has filed several

18

motions in this action, all denied as meritless. (Doc. #34.) On June 7, 2011, petitioner filed yet

19

another motion to “dismiss” a 2006 judgment by the Sacramento County Superior Court, despite

20

this court’s previous admonishment that the only way to achieve this result is to prevail on the

21

merits of his § 2254 action; there are no shortcuts or alternatives such as filing a motion. (Doc.

22

#45.) Similarly, on June 23, 2011, petitioner filed a “motion for relief including relief from

23

custody.” (Doc. #51.) The court does not look kindly upon petitioner’s latest filings in this vein,

24

which only serve to waste the resources of respondent and this court. These motions will be

25

denied.

26

////

Petitioner has also moved to “amend his amended complaint.” (Doc. #53.)

1
2

Because petitioner has already filed one amended petition and respondent has filed a motion to

3

dismiss same, and because petitioner raises no new allegations that warrant amendment, this

4

motion also will be denied.

5

Accordingly, IT IS HEREBY ORDERED THAT:

6

1. Petitioner’s June 7, 2011 motion to dismiss (Doc. #45) is denied;

7

2. Petitioner’s June 23, 2011 motion for relief including relief from custody (Doc.

8

#51) is denied; and
3. Petitioner’s June 30, 2011 motion to amend the amended complaint (Doc. #53)

9
10

is denied.

11

DATED: June 13, 2011
/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE

12
13
GGH:014

14
15
16
17
18
19
20
21
22
23
24
25
26

ston3454.ord2