Hatton v. Nevada County Mental Health and Conservator

Filing 8

ORDER signed by Magistrate Judge Gregory G. Hollows on 4/22/11: The Court DIRECTS this order to his apparent state counsel, Office of the Public Defender, Keri Klein, 224 Main Street, Nevada City, CA 95959. The court requests Ms. Klein to respond wit hin 14 days or sooner, if possible, concerning her views on the status of the state proceedings and whetehr it is advisable for this court to stay/dismiss this action pending completion of state proceedings. Pending the response, filing of the documents under seal, or not, will be deferred. (Donati, J)

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1 2 3 4 5 6 7 8 9 IN THE UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 DONALD HATTON, Petitioner, 12 13 14 No. CIV S-11-0687 GGH P vs. NEVADA COUNTY MENTAL HEALTH AND CONSERVATOR, 15 Respondent. 16 ORDER / 17 Although one of the claims petitioner makes is that he has been “murdered,” he 18 19 remains alive to contest by way of federal habeas corpus what are apparently involuntary 20 commitment proceedings. He lists his present Conservator and Nevada County Mental Health 21 (“Conservator”) as his “custodian” for habeas corpus purposes. The Conservator is represented 22 by Nevada County Counsel. The Conservator has moved to dismiss the habeas petition on several grounds and 23 24 has sought to file under seal voluminous records.1 From review of the papers filed by the 25 1 26 The undersigned appreciates the thoroughness of the exhibits submitted by the County Counsel. 1 1 Conservator, it appears that petitioner may be in the midst of state court proceedings. 2 The undersigned has some doubts about the competency of petitioner to proceed 3 in this action. Rather than ask petitioner to respond at this time, the court directs this order to his 4 apparent state counsel, Office of the Public Defender, Keri Klein, 224 Main St., Nevada City CA 5 95959. The undersigned requests Ms. Klein to respond within fourteen days or sooner, if 6 possible, concerning her views on the status of the state proceedings and whether it is advisable 7 for this court to stay/dismiss this action pending completion of state proceedings. 8 9 Pending the response, filing of the documents under seal, or not, will be deferred. The exhibits shall remain in the meantime in the chambers of the undersigned. The Clerk of 10 Court is directed to serve a copy of this order on Ms. Klein. 11 DATED: 04/22/11 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE 12 13 14 GGH:gh:035 hatt0687.ord2 15 16 17 18 19 20 21 22 23 24 25 26 2

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