Sabetta v. Jones

Filing 9

ORDER signed by Magistrate Judge Craig M. Kellison on 4/25/2012 ORDERING that this case is closed and judgment has been entered; this case WILL NOT BE REOPENED; petitioner is ADVISED that any other documents filed in this case will be DISREGARDED and no order will issue in response thereto. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANNE LORRAINE SABETTA, et al.,

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No. CIV S-11-2144-MCE-CMK-P

Petitioner,

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vs.

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SCOTT JONES,

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ORDER

Respondent.

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Petitioner brought a petition for a writ of habeas corpus pursuant to 28 U.S.C. §

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2254, prior to her state conviction while she was being held as a pre-trial detainee. As such, her

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petition was dismissed as filed prematurely, and without showing special circumstances

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warranting federal intervention prior to her trial or exhausting her state remedies. In addition,

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petitioner failed to keep the court informed of her current address as required by Local Rule 183,

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providing another basis on which this court dismissed this action. Final judgment was entered in

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this case on January 30, 2012.

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Petitioner is now requesting the reinstatement of her petition. While it appears

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petitioner is attempting to show she has now been convicted of the charges against her, and has

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appealed that conviction, it also still appears she has not completed her appeal nor has she
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exhausted her state remedies by providing the highest state court with a full and fair opportunity

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to consider all claims before presenting them to the federal court. See Picard v. Connor, 404

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U.S. 270, 276 (1971), Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir. 1986).

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This case is closed, and there is no basis on which to grant petitioner’s request to

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reinstate her petition. Her petition was dismissed without prejudice, however, so once petitioner

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exhausts her state court remedies, she may be in a position to file a new federal habeas petition.

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She may not, however, simply file a new petition in this closed case. This case is closed, and

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judgment has been entered. This case will not be reopened. Petitioner is advised that any other

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documents filed in this case will be disregarded and no order will issue in response thereto. If

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petitioner wishes to challenge her conviction, she will be required to initiate a new proceeding.

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IT IS SO ORDERED.

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DATED: April 25, 2012
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE

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