William H. Baymiller v. People of the State of California

Filing 24

ORDER signed by Magistrate Judge Kendall J. Newman on 3/23/2022 ORDERING petitioner to file a status report within 60 days addressing the status of his habeas corpus petition filed in the Tehama County Superior Court and the status of any other habeas corpus petitions filed in state court, and DISREGARDING the 23 request to correspond with petitioner. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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WILLIAM HOLT BAYMILLER,

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No. 2: 17-cv-2458 MCE KJN P

Petitioner,
v.

ORDER

PEOPLE OF STATE OF CALIFORNIA,
et al.,
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. This action is stayed while petitioner exhausts additional

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claims in state court.

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On November 30, 2021, the undersigned ordered petitioner to file a status report within

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sixty days addressing the status of his habeas corpus petition filed in the Tehama County Superior

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Court. (ECF No. 21.) On January 18, 2022, petitioner filed a status report. (ECF No. 22.) In the

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status report, petitioner states that his habeas corpus petition is pending in the Tehama County

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Superior Court. (Id.)

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Good cause appearing, petitioner is ordered to file a status report within sixty days

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addressing the status of his habeas corpus petition filed in the Tehama County Superior Court and

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the status of any other habeas corpus petitions filed in state court.
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On March 14, 2022, former inmate Christopher Burns filed a letter stating that he assisted

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petitioner in the instant action prior to his (Mr. Burns) release from prison. (ECF No. 23.) Mr.

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Burns states that his parole agent informed him that he could not correspond with petitioner. (Id.)

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Mr. Burns requests that the court order that he be permitted to correspond with petitioner so that

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he may assist petitioner in prosecuting the instant action. (Id.)

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Petitioner did not sign the March 14, 2022 letter submitted by Mr. Burns. Federal Rule of

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Civil Procedure 11 requires that all pleadings must be personally signed by unrepresented parties.

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The March 14, 2022 letter containing Mr. Burns’ request to correspond with petitioner is

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disregarded because it is not signed by petitioner as required by Rule 11.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner shall file a status report within sixty days of the date of this order addressing

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the status of his habeas corpus petition filed in the Tehama County Superior Court and

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the status of any other habeas corpus petitions filed in state court;

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The request to correspond with petitioner (ECF No. 23) is disregarded.

Dated: March 23, 2022

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Bay2458.sta

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