Jorge Nahum Escutia Mendoza v. Terri Gonzalez
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
ORDER DENYING MOTIONS FOR
No. C 11-1183 WHA (PR)
JORGE NAHUM ESCUTIA
(Docket Nos. 16 & 17)
TERRI GONZALEZ, Warden,
Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus
pursuant to 28 U.S.C. 2254. Respondent’s motion to dismiss was granted on that grounds that
petitioner had not exhausted his claims in that he had not completed all of his state court
proceedings. Petitioner has filed two motions in which he states that he has now completed all
of his state court proceedings, which he contends warrants “reconsideration” of the dismissal
order. It does not. The dismissal order was correct, and his completion of state court
proceedings is not grounds for reconsidering the order. To be sure, this case was dismissed
without prejudice to petitioner refiling his petition when the state court proceedings are
completed, but the petition must be refiled in a new case, not in this one. To the extent
petitioner has completed all of his state court proceedings, he may file his petition in a new
case. The motions for reconsideration (docket number 16 and 17) are DENIED.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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