Pangilinan v. Lewis

Filing 4

ORDER of Dismissal. Signed by Judge Thelton E. Henderson on 1/18/12. (jjoS, COURT STAFF) (Filed on 1/19/2012)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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No. C-12-0175 TEH (PR)

ALFREDO G. PANGILINAN,
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United States District Court
For the Northern District of California

Petitioner,
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ORDER OF DISMISSAL
v.

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GREG LEWIS, WARDEN
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Respondent.

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/

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No. C-12-0194 TEH (PR)

ALFREDO G. PANGILINAN,
Petitioner,

ORDER GRANTING IN FORMA
PAUPERIS APPLICATION

v.
GREG LEWIS, WARDEN
Respondent.
/

Doc. # 2

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Petitioner, a California state prisoner currently
incarcerated at Pelican State Bay Prison, has filed two pro se
petitions for a writ of habeas corpus under 28 U.S.C. § 2254,
both of which challenge his conviction for murder imposed by

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Contra Costa County Superior Court.

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filed in Case No. C 12-0175 TEH and the second petition was

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filed in Case No. C 12-0194 TEH.

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only seeks to file one habeas petition: the petition filed in

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Case No. C 12-0175 TEH is a form habeas petition and lacks any

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attachment (see Case No. 12-0175, Doc. #1), while the petition

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filed in Case No. C 12-0194 TEH is a form habeas petition and has an

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attached petition for review that was previously filed in the

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California Supreme Court (see Case No. C 12-0194, Doc. #1).

The first petition was

It appears that Petitioner

Both

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the form petitions in Case No. C 12-0175 TEH and Case No. C 12-0194

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TEH are identical.

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been filed in Case No. C 12-0175 TEH while the in forma pauperis

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application filed in Case No. C 12-0194 is incomplete.

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for appointment of counsel filed in both cases are identical.

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A completed in forma pauperis application has

The motions

In the interests of efficiency and justice, the Court

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closes Case No. C 12-0175 TEH (PR).

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C 12-0175 are terminated and this case is closed.

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All pending motions in Case No.

Petitioner’s habeas petition shall proceed under Case No.

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C 12-0194 TEH (PR).

All future filings shall occur only in Case No.

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C 12-0194 TEH (PR).

The Court takes judicial notice of the

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completed in forma pauperis application which Petitioner filed in

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Case No. C 12-0175 TEH (PR).

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application filed in Case No. C 12-0194 TEH (PR) is considered

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complete, and is GRANTED (Case No. C 12-0194 TEH (PR), Doc. #3).

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//

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//

Petitioner’s in forma pauperis

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Petitioner shall disregard the Clerk’s notice re completion of in

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forma pauperis affidavit which he received in Case No. C 12-0194 TEH

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(PR).

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IT IS SO ORDERED.

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DATED

January 18, 2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.12\Pangilinan-12-175-dismiss-case and 12-194 grant IFP.wpd

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ALFREDO G. PANGILINAN,

Case Number: CV12-00175 TEH

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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GREG LEWIS et al,
Defendant.

/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on January 19, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Alfredo G. Pangilinan #:G-60773
Pelican Bay State Prison
18 P.O. Box 7500, Housing: A-8-102
Crescent City, CA 95532
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Dated: January 19, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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ALFREDO G. PANGILINAN,

Case Number: CV12-00194 TEH

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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GREG LEWIS et al,
Defendant.

/

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
12 District Court, Northern District of California.
13 That on January 19, 2012, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter
14 listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an
inter-office delivery receptacle located in the Clerk's office.
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17 Alfredo G. Pangilinan #:G-60773
Pelican Bay State Prison
18 P.O. Box 7500, Housing: A-8-102
Crescent City, CA 95532
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Dated: January 19, 2012
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Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk