Redic v. Gonzalez

Filing 5

ORDER DISMISSING CASE. Signed by Judge Thelton E. Henderson on 03/11/2011. (Attachments: # 1 Certificate of Service)(tmi, COURT STAFF) (Filed on 3/11/2011)

Redic v. Gonzalez

Doc. 5

1 2 3 4 5 6 7 8 9 10 11 United States District Court For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On March 3, 2011, Petitioner filed a document entitled "Points and Authorities in Support Thereof Continual Pursuit to Exhaust State Court Remedies." Doc. #1. Included in Petitioner's v. TERRIE L. GONZALEZ, Warden, Respondent. / LARRY REDIC, Petitioner, ORDER OF DISMISSAL; NEW ACTION FILED IN ERROR; NO FILING FEE DUE No. C-11-1004 TEH (PR) IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

filing is a copy of an order of this Court issued by the Honorable Marilyn Hall Patel in Redic v. Marshall, No. C-08-5010-MHP (PR) (N.D. Cal. filed Nov. 3, 2008). That action is a federal habeas

petition challenging a criminal judgment from Alameda County superior court. Judge Patel ordered the case administratively

closed so that Petitioner could return to state court for exhaustion purposes. See id., Doc. #6. Since the case was closed

administratively, Petitioner has filed a letter updating the Court

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on his efforts to exhaust state court remedies.

See id., Doc. #7.

It appears that the document filed as a new action under case number C-11-1004-TEH (PR) was intended to be another such update. Accordingly, the instant action is DISMISSED as filed in error. No filing fee is due. The Clerk shall terminate any pending

motions as moot and close the file. Further, the Clerk shall file Petitioner's "Points and Authorities in Support Thereof Continual Pursuit to Exhaust State Court Remedies" (Doc. #1) under Redic v. Marshall, No. C-08-5010-MHP (PR) (N.D. Cal. filed Nov. 3, 2008). As Judge Patel noted, nothing

further will take place in that action until Petitioner exhausts all claims in state court and, within thirty (30) days of doing so, files a motion to reopen.

IT IS SO ORDERED.

DATED

03/11/2011 THELTON E. HENDERSON United States District Judge

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