King v. Carey

Filing 13

ORDER REOPENING CASE. Signed by Judge Thelton E. Henderson on 04/13/09. (Attachments: # 1 Certificate of Service)(rbe, COURT STAFF) (Filed on 4/15/2009)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 13, 2006, Petitioner filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254. Doc. #1. Because at that v. D. K. SISTO, WARDEN, Respondent. / MAILLIARD KING, Petitioner, ORDER REOPENING CASE No C-06-934 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

time a Petition for Writ of Habeas Corpus was pending in the California Supreme Court, this Court dismissed without prejudice the federal Petition subject to refiling a new Petition after all pending state post-conviction proceedings were completed. Doc. #3.

The California Supreme Court denied the Petition several months later. On January 3, 2008, Petitioner submitted an Amended Petition for Writ of Habeas Corpus, which was lodged with the Court, but never filed, because the matter was closed on February 17, 2006

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

when this Court dismissed the action. The Clerk is directed to reopen case number C-06-934 TEH and to file the Amended Petition. in a separate order. An Order to Show Cause is issuing

IT IS SO ORDERED.

DATED

04/13/09 THELTON E. HENDERSON United States District Judge

G:\PRO-SE\TEH\HC.06\King-06-934-order reopening case.wpd

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