Jorge Nahum Escutia Mendoza v. Terri Gonzalez

Filing 18

ORDER by Judge William Alsup denying 16 Motion for Reconsideration ; denying 17 Motion for Reconsideration (Attachments: # 1 Certificate of Service) (dt, COURT STAFF) (Filed on 10/7/2011)

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 8 For the Northern District of California United States District Court 11 12 ORDER DENYING MOTIONS FOR RECONSIDERATION Petitioner, 9 10 No. C 11-1183 WHA (PR) JORGE NAHUM ESCUTIA MENDOZA, v. (Docket Nos. 16 & 17) TERRI GONZALEZ, Warden, Respondent. / 13 14 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus 15 pursuant to 28 U.S.C. 2254. Respondent’s motion to dismiss was granted on that grounds that 16 petitioner had not exhausted his claims in that he had not completed all of his state court 17 proceedings. Petitioner has filed two motions in which he states that he has now completed all 18 of his state court proceedings, which he contends warrants “reconsideration” of the dismissal 19 order. It does not. The dismissal order was correct, and his completion of state court 20 proceedings is not grounds for reconsidering the order. To be sure, this case was dismissed 21 without prejudice to petitioner refiling his petition when the state court proceedings are 22 completed, but the petition must be refiled in a new case, not in this one. To the extent 23 petitioner has completed all of his state court proceedings, he may file his petition in a new 24 case. The motions for reconsideration (docket number 16 and 17) are DENIED. 25 IT IS SO ORDERED. 26 Dated: October 7 , 2011. 27 28 G:\PRO-SE\WHA\HC.11\MENDOZA1183.REC.wpd WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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