Dean v. Wong

Filing 5

ORDER signed by Magistrate Judge Kendall J. Newman on 8/24/11: Within thirty days of the date of this order, petitioner shall inform the court whether he intends to proceed with the instant action in this court; if petitioner inadvertently filed this action in this court rather than the San Joaquin County Superior Court, he may file a notice of voluntary dismissal. (Kaminski, H)

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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 ALTON E. DEAN, 11 12 13 Petitioner, No. 2: 11-cv-2152 KJN P Respondents. ORDER vs. WONG, et al., 14 15 / 16 Petitioner, a state prisoner proceeding without counsel, has filed a petition for writ 17 of habeas corpus. In this petition, petitioner challenges his conditions of confinement. The 18 caption of the petition states “Superior Court of California County of San Joaquin.” It appears 19 that petitioner inadvertently filed the petition in this court rather than the Superior Court. 20 Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this 21 order, petitioner shall inform the court whether he intends to proceed with the instant action in 22 this court; if petitioner inadvertently filed this action in this court rather than the San Joaquin 23 County Superior Court, he may file a notice of voluntary dismissal. 24 DATED: August 24, 2011 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 25 26 dean2152.56 1

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