Page v. King

Filing 11

ORDER OF DISMISSAL by Judge William Alsup granting 9 Motion for Leave to File (Attachments: # 1 Certificate/Proof of Service) (dt, COURT STAFF) (Filed on 9/2/2014)

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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 8 9 SAMMY L. PAGE, Petitioner, For the Northern District of California United States District Court 10 11 12 13 14 No. C 14-2052 WHA (PR) ORDER OF DISMISSAL v. AUDREY KING, Acting Executive Director California Department of Mental Health, (Docket No. 9) Respondent. / 15 16 Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. 17 2241. He has another pending federal habeas petition, Case No. 13-5352 WHA (PR). The 18 instant petition was dismissed with leave to file an amended petition indicating that he his 19 challenging a different civil commitment decision than in his pending petition. If he means to 20 challenge the same commitment decision, he was ordered to bring his claim in his earlier case. 21 He has chosen the latter course by filing a motion to amend the petition in his earlier case to 22 include the claim raised herein, and to voluntarily dismiss this case. In a separate order in his 23 earlier case, petitioner has been granted leave to amend the petition therein to include the claim 24 from this case. Accordingly, his request is voluntarily dismiss this case is GRANTED, and the 25 instant matter is DISMISSED. The Clerk shall enter judgment and close the file. 26 27 28 IT IS SO ORDERED. Dated: September 2 , 2014. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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