Amaya v. Frauenheim
Filing
3
ORDER DISMISSING CASE. Signed by Judge Nandor J. Vadas on 2/28/2017. (Attachments: # 1 Certificate/Proof of Service)(njvlc1, COURT STAFF) (Filed on 2/28/2017)
1
2
3
4
UNITED STATES DISTRICT COURT
5
NORTHERN DISTRICT OF CALIFORNIA
6
EUREKA DIVISON
7
8
ALEXIS JOEL AMAYA,
Case No. 17-cv-0108-NJV (PR)
Petitioner,
9
v.
ORDER DISMISSING CASE
10
11
SCOTT FRAUENHEIM,
United States District Court
Northern District of California
Respondent.
12
13
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant
14
to 28 U.S.C. § 2254. He has paid the filing fee. He notes that he has another petition pending in
15
this court challenging the same conviction. In Case No. 16-cv-5069 NJV, the petition was stayed
16
so petitioner could exhaust further claims. Exhaustion has not been completed. In this case,
17
petitioner states that he has new claims he seeks to add. All claims must be brought in the earlier
18
filed petition. Therefore, this case is dismissed. When petitioner exhausts all of his claims in the
19
earlier filed petition he may request to amend the petition and add these new claims and the court
20
will consider his arguments at that time. The new claims must also be exhausted.
21
This case is DISMISSED. The clerk shall close this file. Because reasonable jurists
22
would not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See
23
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).
24
25
26
27
28
IT IS SO ORDERED.
Dated: February 28, 2017
________________________
NANDOR J. VADAS
United States Magistrate Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?