Starks v. Hennessey

Filing 5

ORDER ADMINISTRATIVELY CLOSING CASE; DIRECTIONS TO CLERK. Signed by Judge Maxine M. Chesney on January 21, 2010. (mmcsec, COURT STAFF) (Filed on 1/21/2010)

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 MARION CEDRIC STARKS, Petitioner, vs. MICHAEL HENNESSEY, Respondent. ) ) ) ) ) ) ) ) ) ) C 10-0062 MMC(PR) ORDER ADMINISTRATIVELY CLOSING CASE; DIRECTIONS TO CLERK IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court

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On January 6, 2010, the instant action was opened when petitioner, a California prisoner proceeding pro se, sent to the court a habeas corpus petition. A review of the petition shows that it is identical to an earlier petition filed in this court by petitioner on December 30, 2009. See Starks v. Hennessey, No. C 09-6073 MMC (PR). Accordingly, as the instant action was erroneously opened when petitioner sent a hand-written copy of his earlier petition to the court, the Clerk of the Court is hereby DIRECTED to administratively close the case and to terminate all pending motions. Because the instant action was opened in error, no filing fee is due.
IT IS SO ORDERED.

For the Northern District of California

DATED: January 21, 2010 ____________________________ MAXINE M. CHESNEY United States District Judge