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