Jackson v. Adams

Filing 11

ORDER DENYING MOTION TO ABANDON CASE NO. C08-5057 WHA; DENYING MOTION TO CONTINUE CASE NO. C09-1425 WHA re 10 Notice (Other) filed by Clinton Lee Jackson. Signed by Judge William Alsup on 12/1/09. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 12/3/2009)

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1 2 3 4 5 6 7 8 9 10 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CLINTON LEE JACKSON, Petitioner, v. DARYL G. ADAMS, Warden, Respondent. / No. C 08-5057 WHA (PR) No. C 09-1425 WHA (PR) ORDER DENYING MOTION TO ABANDON CASE NO. C 08-5057 WHA (PR); DENYING MOTION TO CONTINUE CASE NO. C 09-1425 WHA (PR) (Docket Nos. 8, 10) United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner is a state prisoner proceeding pro se who filed two habeas petitions. He has a motion "for abandenment (sic)" of the petition in case number C 08-5057 WHA (PR), and to proceed instead with the petition in case number C 09-1425 WHA (PR). Case number C 091425 WHA (PR) was dismissed pursuant to 28 U.S.C. 2244(b)(3)(A). Petitioner may not proceed with the petition in case number C 09-1425 WHA (PR) for the reasons described in the order of dismissal. Accordingly, his motion to "abandon" the petition in case number C 085057 WHA (PR) (docket number 10) and his motion to "continue" the petition in case number C 09-1425 WHA (PR) (docket number 8) are DENIED. If petitioner still wishes to voluntarily dismiss case number C 08-5057 WHA (PR), he may do so by filing a motion for voluntary dismissal in that case. He will not, however, be allowed to proceed with case number C 091425 WHA (PR). IT IS SO ORDERED. Dated: December 1 , 2009. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE G:\PRO-SE\WHA\HC.08\JACKSON5057.MOT.wpd

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