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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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EUREKA DIVISON

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ALEXIS JOEL AMAYA,

Case No. 17-cv-0108-NJV (PR)

Petitioner,
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v.

ORDER DISMISSING CASE

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SCOTT FRAUENHEIM,

United States District Court
Northern District of California

Respondent.
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Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant

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to 28 U.S.C. § 2254. He has paid the filing fee. He notes that he has another petition pending in

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this court challenging the same conviction. In Case No. 16-cv-5069 NJV, the petition was stayed

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so petitioner could exhaust further claims. Exhaustion has not been completed. In this case,

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petitioner states that he has new claims he seeks to add. All claims must be brought in the earlier

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filed petition. Therefore, this case is dismissed. When petitioner exhausts all of his claims in the

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earlier filed petition he may request to amend the petition and add these new claims and the court

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will consider his arguments at that time. The new claims must also be exhausted.

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This case is DISMISSED. The clerk shall close this file. Because reasonable jurists

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would not find the result here debatable, a certificate of appealability (“COA”) is DENIED. See

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Slack v. McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).

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IT IS SO ORDERED.
Dated: February 28, 2017
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NANDOR J. VADAS
United States Magistrate Judge