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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 HOLLIE GARRETT, III, 12 13 14 15 No. 2:17-cv-2105 AC P Petitioner, v. ORDER LIZARRAGA, Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254 and has requested leave to proceed in forma pauperis 19 pursuant to 28 U.S.C. § 1915. However, both the petition and the application to proceed in forma 20 pauperis are captioned for the Ninth Circuit and the grounds raised in the petition are the same as 21 those raised in the petition in Garrett v. Grounds (Grounds), 2:14-cv-1973 JAM DB. Grounds at 22 ECF No. 1. The proceedings in Grounds are still ongoing, and there are currently findings and 23 recommendations pending which recommend dismissal of the petition. Grounds at ECF No. 57. 24 On September 28, 2017, petitioner was granted a thirty-day extension of time to file objections to 25 those findings and recommendations. Grounds at ECF No. 59. 26 It appears that petitioner is attempting to appeal the decision in Grounds. However, final 27 judgment has yet to be entered in that case. If petitioner wants to object to the findings and 28 recommendations in Grounds, he must file objections in that case. The objections must be titled 1 1 “Objections to Magistrate Judge’s Findings and Recommendations” and be labeled with the name 2 and number of that case (Garrett v. Grounds, 2:14-cv-1973 JAM DB). Petitioner is further 3 advised that failure to file objections within the specified time may waive the right to appeal the 4 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Once a final order has 5 issued in Grounds, if petitioner wants to appeal that decision to the Ninth Circuit, he needs to file 6 a notice of appeal in Grounds. If petitioner wants to file something with the Ninth Circuit, he 7 needs to mail it to the following address: 8 9 10 Office of the Clerk U.S. Court of Appeals for the Ninth Circuit P.O. Box 193939 San Francisco, CA 94119-3939 11 For the reasons set forth above, IT IS HEREBY ORDERED that: 12 1. This case was opened in error. 13 2. The Clerk of the Court is directed to return the petition (ECF No. 1) and motion to 14 15 16 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 17 18 19 20 21 22 23 24 25 26 27 28 2

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