DeGarmo v. Secretary of California Department of Corrections & Rehabilitation et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 06/04/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 6/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-12-2194 TEH (PR)

RAYMOND DEGARMO,

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Petitioner,
ORDER OF DISMISSAL

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v.
SECRETARY OF CALIFORNIA
DEPARTMENT OF CORRECTIONS AND
REHABILITATION, et al.,
Respondents.

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The Clerk of the Court erroneously opened this case when

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Petitioner, a state prisoner incarcerated at La Palma Correctional

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Center in Eloy, Arizona, filed a document entitled, “Petition for a

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Writ of Habeas Corpus,” which is related to his other pending

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action, DeGarmo v. Secretary of California Dep’t of Corrections and

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Rehabiliation, No. C 11-4859 TEH (PR).

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other pending action is a habeas action that challenges his 2009

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judgment of conviction from Contra Costa County Superior Court.

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petition filed in the present case is a copy of the petition filed

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in the other action; the only difference is that Petitioner has

Specifically, Petitioner’s

The

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updated the petition to name as respondent the warden of his current

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place of incarceration, La Palma Correctional Center, and removed as

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respondent the warden of his former place of incarceration, North

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Fork Correctional Facility.

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See Doc. #1 at 1-2.

Accordingly, this case is DISMISSED because it was opened

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in error.

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deny all pending motions as moot.

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No filing fee is due.

The Clerk shall close the file and

IT IS SO ORDERED.

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DATED
United States District Court
For the Northern District of California

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06/04/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.12\Degarmo-12-2194-dismissal-opened-in-error.wpd

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