Garrett v. Lizarraga

Filing 4

ORDER signed by Magistrate Judge Allison Claire on 10/17/2017 ORDERING case was opened in error and DIRECTING Clerk of Court to return 1 Petition and 2 Motion to Proceed IFP to Petitioner and close this case. 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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HOLLIE GARRETT, III,

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No. 2:17-cv-2105 AC P

Petitioner,
v.

ORDER

LIZARRAGA,
Respondent.

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

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corpus pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis

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pursuant to 28 U.S.C. § 1915. However, both the petition and the application to proceed in forma

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pauperis are captioned for the Ninth Circuit and the grounds raised in the petition are the same as

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those raised in the petition in Garrett v. Grounds (Grounds), 2:14-cv-1973 JAM DB. Grounds at

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ECF No. 1. The proceedings in Grounds are still ongoing, and there are currently findings and

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recommendations pending which recommend dismissal of the petition. Grounds at ECF No. 57.

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On September 28, 2017, petitioner was granted a thirty-day extension of time to file objections to

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those findings and recommendations. Grounds at ECF No. 59.

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It appears that petitioner is attempting to appeal the decision in Grounds. However, final

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judgment has yet to be entered in that case. If petitioner wants to object to the findings and

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recommendations in Grounds, he must file objections in that case. The objections must be titled
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“Objections to Magistrate Judge’s Findings and Recommendations” and be labeled with the name

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and number of that case (Garrett v. Grounds, 2:14-cv-1973 JAM DB). Petitioner is further

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Once a final order has

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issued in Grounds, if petitioner wants to appeal that decision to the Ninth Circuit, he needs to file

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a notice of appeal in Grounds. If petitioner wants to file something with the Ninth Circuit, he

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needs to mail it to the following address:

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Office of the Clerk
U.S. Court of Appeals for the Ninth Circuit
P.O. Box 193939
San Francisco, CA 94119-3939

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For the reasons set forth above, IT IS HEREBY ORDERED that:

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1. This case was opened in error.

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2. The Clerk of the Court is directed to return the petition (ECF No. 1) and motion to

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proceed in forma pauperis (ECF No. 2) to petitioner.
3. The Clerk of the Court is further directed to close this case.
DATED: October 17, 2017

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