O'Neill v. State of California

Filing 6

ORDER signed by Magistrate Judge Kendall J. Newman on 12/12/2017 DISMISSING the instant action without prejudice to petitioner filing an amended petition in 2:17-cv-1669 KJN P. CASE CLOSED. (Henshaw, R)

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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-2104 KJN 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. In this action, petitioner challenges his 2015 El Dorado

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

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convictions.

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Court records indicate that petitioner has two other pending habeas corpus petitions in this

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court challenging the same conviction, 2:17-cv-2094 AC P and 2:17-cv-1669 KJN P. Rather than

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proceeding with three separate petitions challenging the same conviction, the court has

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determined that petitioner shall proceed with one petition challenging his 2015 El Dorado County

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

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Accordingly, IT IS HEREBY ORDERED that the instant action is dismissed without

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prejudice to petitioner filing an amended petition in 2:17-cv-1669 KJN P.

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Dated: December 12, 2017

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On2104.ord
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