Starr v. Cano

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 5/9/2016 ORDERING 16 that Petitioner's 16 "Notice of Motion for Summary Judgment in Appellant's Favor" is DENIED without prejudice. (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBIN GILLEN STARR,

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No. 2:16-cv-0510 KJM KJN P

Petitioner,
v.

ORDER

CANO,

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Respondent.

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Petitioner is a state prisoner proceeding without counsel. On May 4, 2016, petitioner filed

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a document styled, “Notice of Motion for Summary Judgment in Appellant’s Favor,” seeking to

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have his sentence vacated. (ECF No. 16.) However, the court has not yet directed respondent to

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file an answer. Indeed, on March 17, 2016, the undersigned recommended that this action be

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“dismissed without prejudice to its re-filing upon obtaining authorization from the United States

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Court of Appeals for the Ninth Circuit.” (ECF No. 5 at 2.) Petitioner’s objections are pending

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before the district court. Thus, petitioner’s motion is premature and is denied without prejudice.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s May 4, 2016 motion (ECF No.

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16) is denied without prejudice.

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Dated: May 9, 2016

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/star0510.den

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