Owens v. Lizarraga

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 03/21/17 ordering the clerk of the court is directed to file in Case No. 2:15-cv-1286 KJM GGH P the following documents inadvertently filed in the instant case: Petition for writ of habeas corpus 1 , Notice of Filing 3 , and Exhibits 5 . The clerk of court shall, on the docket in Case 2:15-cv-1286 KJM GGH P reference and summarize the instant order. Petitioner shall file all further matters concerning his petition for writ of habeas corpus in case no. 2:15-cv-1286 KJM GGH P. The instant action is dismissed without prejudice; the Clerk of the Court is directed to close this case. CASE CLOSED. (Plummer, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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KENNETH O. OWENS,

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Petitioner,

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No. 2:16-cv-02977 AC P

v.

ORDER

JOE A. LIZARRAGA,

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Respondent.

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Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. Plaintiff has consented to the jurisdiction of the undersigned

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Magistrate Judge for all purposes pursuant to 28 U.S.C. § 636(c) and Local Rule 305(a). See

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ECF No. 6.
Review of the petition and related filings demonstrates that petitioner intended for these

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matters to be filed in Case No. 2:15-cv-01286 KJM GGH P, in which petitioner was granted a

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stay and abeyance to exhaust state court remedies by order filed January 5, 2017.1 Therefore,

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petitioner’s filings in the instant case will be transferred to Case No. 2:15-cv-01286 KJM GGH P,

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which shall become petitioner’s only remaining open case. Petitioner must file all further

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The undersigned notes that, prior to the opening of the instant case, petitioner sought to submit
his exhausted petition in yet a third case, Case No. 2:16-cv-02272 CKD P, which previously had
been closed because duplicative of Case No. 2:15-cv-01286 KJM GGH P.
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documents concerning his petition for writ of habeas corpus in Case No. 2:15-cv-01286 KJM

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GGH P.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The Clerk of Court is directed to file in Case No. 2:15-cv-01286 KJM GGH P the

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following documents inadvertently filed in the instant case: Petition for Writ of Habeas Corpus

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(ECF No. 1), Notice of Filing (ECF No. 3), and Exhibits (ECF No. 5).

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2. The Clerk of Court shall, on the docket in Case No. 2:15-cv-01286 KJM GGH P,
reference and summarize the instant order.
3. Petitioner shall file all further matters concerning his petition for writ of habeas corpus
in Case No. 2:15-cv-01286 KJM GGH P.
4. The instant action is dismissed without prejudice; the Clerk of Court is directed to

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close this case.

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DATED: March 21, 2017

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