Garduno v. McDonald

Filing 9

ORDER signed by Magistrate Judge Carolyn K. Delaney on 10/24/11 ORDERING that 3 Motion to Proceed IFP is DENIED; Clerk of the Court rename the petition for writ of habeas corpus filed in this case Amended Petition and file it, and petitioners September 14, 2011 motion for a stay, in CIV-S-11-0469 CKD P; and this case is CLOSED.(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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STEVEN LAWRENCE GARDUNO,

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Petitioner,

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No. CIV S-11-1835 CKD P

vs.
MICHAEL D. MCDONALD,

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Respondent.

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ORDER
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Petitioner, a California prisoner proceeding pro se, has filed a petition for writ of

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habeas corpus under 28 U.S.C. § 2254. He challenges convictions entered in the Superior Court

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of Sacramento County in 2009.

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A review of court records in Garduno v. McDonald, CIV-S-11-0469 CKD P

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reveals that petitioner has a petition for writ of habeas corpus pending in this court in which he

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also challenges his 2009 Sacramento County convictions. Pursuant to the Ninth Circuit Court of

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Appeals’ decision in Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008), the court will order that

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the petition filed in this case be identified as an “amended petition” and filed in CIV-S-11-0469

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CKD P. Petitioner has filed a motion for a stay in this action which will also be transferred to

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CIV-S-11-0469 CKD P. The court will order that this case be closed.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner’s July 14, 2011 motion to proceed in forma pauperis is denied;

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2. The Clerk of the Court rename the petition for writ of habeas corpus filed in

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this case “Amended Petition” and file it, and petitioner’s September 14, 2011 motion for a stay,

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in CIV-S-11-0469 CKD P; and

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2. This case is closed.
Dated: October 24, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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gard1835.trn

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