Anthony R.G. Turner vs Edmund G. Brown

Filing 10

ORDER signed by Magistrate Judge Carolyn K. Delaney on 2/3/15 ORDERING that Petitioners motion to proceed in forma pauperis 5 is granted; This action is dismissed without prejudice as described above; A copy of this order shall be served upon petitioners counsel in 2:13-cv-0454 WBS AC, Ms. Stephanie Adraktas; and the Clerk of the Court is directed to close this case. CASE CLOSED. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R.G. TURNER,

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Petitioner,

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v.

No. 2:14-cv-2925 CKD P

ORDER

EDMUND G. BROWN,
Respondents.

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Petitioner, a state prisoner proceeding pro se, has filed a document the court construes as a

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petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner also requests to

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proceed in forma pauperis.

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Examination of the in forma pauperis application reveals that petitioner is unable to afford

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the costs of suit. Accordingly, the application to proceed in forma pauperis will be granted. See

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28 U.S.C. § 1915(a).

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A review of court records reveals that petitioner is already proceeding with a petition for

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writ of habeas corpus challenging the convictions and sentences challenged in this action. See

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2:13-cv-0454 WBS AC. Petitioner is represented by counsel in that case. This being the case,

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the court will order that this action be dismissed without prejudice to the filing of motion for

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leave to amend by petitioner’s counsel in 2:13-cv-0454 WBS AC. See Woods v. Carey, 525 F.3d

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886, 890 (9th Cir. 2008) (habeas petition filed by pro se petitioner in a separate action while
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petition is pending in a previously filed action should be treated as motion to amend in the

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original action). The court notes that on December 22, 2014, petitioner’s counsel filed a second

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amended petition in 2:13-cv-0454 WBS AC. The petition in this action was filed on December 5,

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2014.

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In accordance with the above, IT IS HEREBY ORDERED that:

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1. Petitioner’s motion to proceed in forma pauperis (ECF No. 5) is granted;

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2. This action is dismissed without prejudice as described above;

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3. A copy of this order shall be served upon petitioner’s counsel in 2:13-cv-0454 WBS

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AC, Ms. Stephanie Adraktas; and
4. The Clerk of the Court is directed to close this case.
Dated: February 3, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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turn2925.dis

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