Mills v. California Medical Facility

Filing 33

ORDER signed by Magistrate Judge Kendall J. Newman on 12/30/2019 ORDERING Petitioner's pleadings filed 12/9/2019 (ECF Nos. 29 , 30 , 31 , and 32 ) are disregarded. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH WAYNE MILLS,

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Petitioner,

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No. 2:16-cv-2766 JAM KJN P

v.

ORDER

CALIFORNIA MEDICAL FACILITY, et
al.,
Respondents.

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Petitioner is a state prisoner, proceeding without counsel, with a petition for writ of habeas

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corpus pursuant to 28 U.S.C. § 2254. On June 29, 2017, this action was dismissed based on

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petitioner’s failure to exhaust state court remedies. (ECF No. 17.) On September 24, 2019, the

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court denied petitioner’s August 8, 2019 motion to reopen this action. (ECF No. 20.) Petitioner

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appealed the September 24, 2019 order to the Ninth Circuit Court of Appeals. (ECF Nos. 21, 22.)

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Petitioner’s appeal is pending with the Ninth Circuit.
On December 9, 2019, petitioner filed a motion to reopen this action (ECF No. 29), a

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motion for appointment of counsel (ECF No. 30), a motion for transcripts (ECF No. 31) and an

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amended complaint (ECF No. 32). Because petitioner’s appeal is pending with the Ninth Circuit,

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the pleadings filed by petitioner on December 9, 2019 are disregarded.

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Accordingly, IT IS HEREBY ORDERED that petitioner’s pleadings filed December 9,

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2019 (ECF Nos. 29, 30, 31, 32) are disregarded.

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Dated: December 30, 2019

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mill2766.110
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