Amaya v. Frauenheim
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)
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
ALEXIS JOEL AMAYA,
Case No. 17-cv-0108-NJV (PR)
ORDER DISMISSING CASE
United States District Court
Northern District of California
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant
to 28 U.S.C. § 2254. He has paid the filing fee. He notes that he has another petition pending in
this court challenging the same conviction. In Case No. 16-cv-5069 NJV, the petition was stayed
so petitioner could exhaust further claims. Exhaustion has not been completed. In this case,
petitioner states that he has new claims he seeks to add. All claims must be brought in the earlier
filed petition. Therefore, this case is dismissed. When petitioner exhausts all of his claims in the
earlier filed petition he may request to amend the petition and add these new claims and the court
will consider his arguments at that time. The new claims must also be exhausted.
This case is DISMISSED. The clerk shall close this file. Because reasonable jurists
would not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See
Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).
IT IS SO ORDERED.
Dated: February 28, 2017
NANDOR J. VADAS
United States Magistrate Judge
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