Coats v. McDonald

Filing 6

ORDER signed by Magistrate Judge Carolyn K Delaney on 8/4/11 ORDERING that 2 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 in CIV-S-09-1125 KJM KJN P; and this case is CLOSED. (Dillon, M)

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1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM THOMAS COATS, 11 Petitioner, 12 No. CIV S-11-2028 CKD P vs. 13 MICHAEL MCDONALD, 14 Respondent. 15 ORDER / 16 Petitioner, a California prisoner proceeding pro se, has filed a petition for writ of 17 habeas corpus under 28 U.S.C. § 2254. He challenges convictions entered in the Superior Court 18 of Sacramento County in 2007. 19 A review of court records in Coats v. McDonald, CIV-S-09-1125 KJM KJN P 20 reveals that petitioner has a petition for writ of habeas corpus pending in this court in which he 21 also challenges his 2007 Sacramento County convictions. Pursuant to the Ninth Circuit Court of 22 Appeals’ decision in Woods v. Carey, 525 F.3d 886, 890 (9th Cir. 2008), the court will order that 23 the petition filed in this case be identified as an “amended petition” and filed in CIV-S-09-1125 24 KJM KJN P. The court will also order that this case be closed. 25 ///// 26 ///// 1 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner’s August 1, 2011 motion to proceed in forma pauperis is denied; 3 2. The Clerk of the Court rename the petition for writ of habeas corpus filed in 4 this case “Amended Petition” and file it in CIV-S-09-1125 KJM KJN P; and 5 6 2. This case is closed. DATED: August 4, 2011 /s/ Carolyn K. Delaney ___________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 1 coat2028.trn 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2

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