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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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALTON E. DEAN,

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Petitioner,

No. 2: 11-cv-2152 KJN P

Respondents.

ORDER

vs.
WONG, et al.,

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Petitioner, a state prisoner proceeding without counsel, has filed a petition for writ

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of habeas corpus. In this petition, petitioner challenges his conditions of confinement. The

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caption of the petition states “Superior Court of California County of San Joaquin.” It appears

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that petitioner inadvertently filed the petition in this court rather than the Superior Court.

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Accordingly, IT IS HEREBY ORDERED that within thirty days of the date of this

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order, petitioner shall inform the court whether he intends to proceed with the instant action in

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this court; if petitioner inadvertently filed this action in this court rather than the San Joaquin

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County Superior Court, he may file a notice of voluntary dismissal.

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DATED: August 24, 2011
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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dean2152.56

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