Ragan v. Ducart

Filing 30

ORDER signed by Magistrate Judge Kendall J. Newman on 2/14/2022 ORDERING Clerk to file a copy of ECF No. 24 with attachments in Ragan v. Richardson, 2:18-cv-00410, in this case. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL RAGAN,

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Plaintiff,

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No. 2:17-cv-01924 JAM KJN P

v.

ORDER

C. DUCART,

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Defendants.

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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254 and was assigned case no. 2:17-cv-01924 JAM KJN. This court

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later granted petitioner a stay and abeyance pending exhaustion of his claims in state court. When

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petitioner attempted to inform this court that he had exhausted his claims in state court, he

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mistakenly filed a petition for habeas corpus under a new case number, 2:18-cv-00410 JAM

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DMC. (ECF No. 33.) This court reassigned case no. 2:18-cv-00410 to this case, thereby

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combining the actions. The Clerk of the Court closed case number 2:18-cv-00410.

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In answering the petition, respondent now relies on documents it lodged in closed case no.

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2:18-cv-00410 and requests the court to take judicial notice of that docket. The better option is to

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update this case’s docket with all relevant documents. Accordingly, IT IS HEREBY ORDERED

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that the Clerk of the Court is directed to file a copy of ECF No. 24 with attachments in Ragan v.

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Richardson, 2:18-cv-00410, in this case.

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Dated: February 14, 2022

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