O'Neill v. State of California

Filing 10

ORDER signed by Magistrate Judge Allison Claire on 12/04/17 ORDERING the 10/18/17 order to show cause 4 is vacated. The instant action is dismissed without prejudice to petitioner filing an amended petition in 2:17-cv-1669 KJN P. 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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NEAL O’NEILL,

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Petitioner,

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No. 2: 17-cv-2094 MCE AC P

v.

ORDER

THE STATE OF CALIFORNIA,

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Respondent.

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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 October 18, 2017, the undersigned ordered petitioner to

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show cause within thirty days why this action should not be dismissed for failing to state a

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cognizable claim. (ECF No. 4.)
Upon further review of the petition, it appears that petitioner is challenging his 2015 El

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Dorado County conviction in case no. P12CRF0165 for felony driving under the influence with

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prior convictions. Court records indicate that petitioner has two other pending habeas corpus

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petitions in this court challenging the same conviction, 2:17-cv-2104 KJN P and 2: 17-cv-1669

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KJN P. Rather than proceeding with three separate petitions challenging the same conviction, the

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court has determined that petitioner shall proceed with one petition challenging his 2015 El

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Dorado County conviction for driving under the influence, i.e., 2: 17-cv-1669 KJN P.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The October 18, 2017 order to show cause (ECF No. 4) is vacated; and

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2. The instant action is dismissed without prejudice to petitioner filing an amended

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petition in 2: 17-cv-1669 KJN P.

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DATED: December 4, 2017

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