Lewis v. Davis

Filing 5

ORDER to SHOW CAUSE signed by Magistrate Judge Edmund F. Brennan on 6/21/2017 ORDERING Petitioner, within 21 days of the date of service of this order, to show cause why the instant petition should not be dismissed and he be directed to consult with his existing counsel in Case No. 2:02-cv-00013-TLN-EFB regarding any additional claims he wishes to present to this court regarding his conviction and sentence. (Henshaw, R)

Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MILTON OTIS LEWIS, 12 13 14 No. 2:02-cv-0013-TLN-EFB Petitioner, v. RON DAVIS, 15 Respondent. 16 17 MILTON OTIS LEWIS, Petitioner, 18 19 20 21 No. 2:17-cv-01112-TLN-EFB v. ORDER TO SHOW CAUSE RON DAVIS, Respondent. 22 23 Petitioner is a state death row prisoner. He has currently pending before this court a 24 petition for writ of habeas corpus, Eastern District Case No. 2:02-cv-00013-TLN-EFB, in which 25 he is represented by attorneys David A. Senior and Ann-Kathryn R. Tria. In that action, he 26 challenged his conviction and sentence on a number of grounds, some of which remain awaiting 27 adjudication. See ECF No. 175. 28 1 1 Petitioner has now, without counsel, filed a second habeas petition in this court, also 2 challenging his conviction and sentence. ECF No. 1. Because petitioner has appended a number 3 of excerpts from state court petitions, it is unclear exactly what claims he wishes to present in this 4 second petition. Nevertheless, it is clear that all of petitioner’s claims attacking his conviction 5 and sentence belong in a single federal action. Fed. R. Civ. P. 42(a). 6 Accordingly, it is hereby ORDERED that, within 21 days of the date of service of this 7 order, petitioner shall show cause why the instant petition should not be dismissed and he be 8 directed to consult with his existing counsel in Case No. 2:02-cv-00013-TLN-EFB regarding any 9 additional claims he wishes to present to this court regarding his conviction and sentence. The 10 Clerk of Court is directed to serve courtesy copies of this order and ECF No. 1 on Mr. Senior and 11 Ms. Tria at their address of record in Case No. 2:02-cv-00013-TLN-EFB: 12 13 14 15 16 McBreen and Senior 1900 Avenue of the Stars Eleventh Floor Los Angeles, CA 90067 So ordered. DATED: June 21, 2017. 17 18 19 20 21 22 23 24 25 26 27 28 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?