Lockhart v. Hedgpeth

Filing 32

ORDER. Signed by Judge JEFFREY S. WHITE on 4/26/12. (jjoS, COURT STAFF) (Filed on 4/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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ERIC LOCKHART,

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Petitioner,
vs.
TONY HEDGPETH, Warden,
Respondent.

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No. C 08-2935 JSW (PR)
ORDER

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Petitioner, a prisoner of the State of California, has filed a habeas corpus petition
pursuant to 28 U.S.C. § 2254. The case was stayed in January 2011 so that Petitioner
could exhaust his new claims. On March 29, 2012, Petitioner moved to lift the stay in this
case and filed an amended petition containing his newly-exhausted claims. On April 9,
2012, the stay was lifted and Respondent was ordered to show cause why the amended
petition should not be granted. On April 18, 2012, Petitioner filed a “notice of
abandonment” and accompanying declaration. These documents were signed by Petitioner
on May 27, 2010, and Petitioner had previously filed them in this case in July 2010. As a
result, this document appears to have been filed in error. If Petitioner truly wants to have
this case dismissed instead of stayed, petitioner shall promptly file a motion for voluntary
dismissal in this matter.
IT IS SO ORDERED.
DATED: April 26, 2012
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ERIC LOCKHART,
Plaintiff,

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Case Number: CV08-02935 JSW
CERTIFICATE OF SERVICE

v.
TONY HEDGPETH et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on April 26, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Eric Lockhart V-17246
P.O. Box 290066
Represa, CA 95671-0066

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Dated: April 26, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk