O'Neill v. State of California
ORDER signed by Magistrate Judge Kendall J. Newman on 2/22/2017 DENYING without prejudice petitioner's 23 motion to reopen the case. (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:16-cv-0417 KJN P
STATE OF CALIFORNIA,
Petitioner is a state prisoner, proceeding without counsel. On June 23, 2016, this action
was dismissed without prejudice. On July 29, 2016, petitioner filed an appeal, which remains
pending. On February 2, 2017, petitioner filed a motion to reopen the case. Petitioner asks the
court to permit him to submit the missing page eight that would inform the court and respondent
whether petitioner was pursuing one or two claims. However, the instant petition was not
dismissed on the basis of the missing page; indeed, the missing page 8 was located and scanned in
by the clerk. (ECF No. 13 at 2-4, n.2.) Moreover, the petition was dismissed because petitioner’s
direct appeal was pending in state court. Thus, petitioner’s motion does not raise a substantial
issue at this time. Fed. R. Civ. P. 62.1. Accordingly, IT IS HEREBY ORDERED that
petitioner’s motion is denied (ECF No. 23) without prejudice.
Dated: February 22, 2017
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