McDaniel -v- Barns

Filing 10

ORDER OF DISMISSAL; INSTRUCTIONS TO CLERK. Signed by Magistrate Judge Jacqueline Scott Corley on 8/8/2013. (Attachments: # 1 Certificate of Service)(ahm, COURT STAFF) (Filed on 8/8/2013)

McDaniel -v- Barns

Doc. 10

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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Northern District of California

United States District Court

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PATRICK DEWIN MCDANIEL,

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Petitioner,

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Case No.: 13-2940 JSC (PR)
ORDER OF DISMISSAL;
INSTRUCTIONS TO CLERK

v.

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RON BARNES, et. al.,

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Respondent.

(Docket Nos. 1, 9)

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Petitioner is a California prisoner proceeding pro se. This case was opened on June

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26, 2013, when the Court received an application to proceed in forma pauperis (“ifp”) from

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Petitioner. Because the application did not have a federal case number in the caption (dkt. #

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1), the Clerk filed it in a new case, not realizing that a Petitioner already had an open case in

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which he had filed a petition for a writ of habeas corpus in a different case, C 13-2804 JST

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(PR). Petitioner has written a letter to the Court (dkt. #6) in which he states that he did not

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intend to pursue his habeas petition in two separate cases, which would be improper in any

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event. Accordingly, the instant case is DISMISSED as having been opened in error. No fee

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is due.

Dockets.Justia.com

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The Court notes that case number C 13-2804 JST (PR), he was instructed on July 30,

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2013, to file a completed ifp application (dkt. #5). On July 26, 2013, he filed a completed ifp

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application (dkt. # 9), but it was filed in the instant case because once again he did not include

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his federal case number in the caption of the application. Accordingly, the Clerk shall file the

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ifp application that was filed as docket number 9 in the instant case, in Petitioner’s earlier

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case, C 13-2804 JST (PR). Petitioner shall clearly indicate the case number C 13-2804 JST

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(PR) in the caption of every future filing or other communication related to his habeas

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petition.

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The Clerk shall enter judgment, close the file, and terminate any pending motions.
IT IS SO ORDERED.

Northern District of California

United States District Court

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Dated: August 8, 2013
_________________________________
JACQUELINE SCOTT CORLEY
UNITED STATES MAGISTRATE JUDGE

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