Ridge v. Walker

Filing 4

ORDER OF DISMISSAL; DENYING CERTIFICATE OF APPEALABILITY. Signed by Judge Vaughn R Walker on 12/30/2009. (Attachments: # 1 proof of service)(cgk, COURT STAFF) (Filed on 12/30/2009)

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 Petitioner, a state prisoner incarcerated at New Folsom State Prison in Represa, California, has filed a second petition for a writ of habeas corpus under 28 USC § 2254 challenging an April 26, 2005 conviction and sentence from Alameda County superior court. His first petition was filed on June 30, 2009 and an order to show cause recently issued on December 21, 2009. See Ridge v Walker, No v JAMES WALKER, WARDEN, Respondent. / LARRY D RIDGE, JR, Petitioner, ORDER OF DISMISSAL; DENYING CERTIFICATE OF APPEALABILITY No C-09-5861 VRW (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

C 09-2931 VRW (PR) (ND Cal filed June 30, 2009), Doc #4 (order to show cause). The court has compared the two separately-filed petitions and they appear to contain the same claims. Should this not be the

case, petitioner is free to amend his first petition, Ridge v

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

Walker, No C 09-2931 VRW (PR) (ND Cal filed June 30, 2009), to include any claims raised in his second petition that were omitted from the first. For the foregoing reasons, the instant petition is DISMISSED as duplicative. All claims relating to petitioner's April

26, 2005 state court conviction and sentence must be brought and litigated in civil case No C 09-2931 VRW (PR) (ND Cal filed June 30, 2009). Further, a certificate of appealability is DENIED. See

Rule 11(a) of the Rules Governing Section 2254 Cases (effective Dec 1, 2009). Petitioner may not appeal the denial of a certificate of

appealability in this court but may seek a certificate from the court of appeals under Rule 22 of the Federal Rules of Appellate Procedure. Id. The clerk shall terminate all pending motions as moot, enter judgment in accordance with this order and close the file.

IT IS SO ORDERED.

VAUGHN R WALKER United States District Chief Judge

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