O'Neill v. State of California

Filing 24

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)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NEAL O’NEILL,

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No. 2:16-cv-0417 KJN P
Petitioner,

v.

ORDER

STATE OF CALIFORNIA,

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Respondent.

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Petitioner is a state prisoner, proceeding without counsel. On June 23, 2016, this action

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was dismissed without prejudice. On July 29, 2016, petitioner filed an appeal, which remains

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pending. On February 2, 2017, petitioner filed a motion to reopen the case. Petitioner asks the

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court to permit him to submit the missing page eight that would inform the court and respondent

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whether petitioner was pursuing one or two claims. However, the instant petition was not

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dismissed on the basis of the missing page; indeed, the missing page 8 was located and scanned in

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by the clerk. (ECF No. 13 at 2-4, n.2.) Moreover, the petition was dismissed because petitioner’s

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direct appeal was pending in state court. Thus, petitioner’s motion does not raise a substantial

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issue at this time. Fed. R. Civ. P. 62.1. Accordingly, IT IS HEREBY ORDERED that

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petitioner’s motion is denied (ECF No. 23) without prejudice.

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Dated: February 22, 2017

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/onei0417.62.1

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