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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAMMY L. PAGE,
Petitioner,

For the Northern District of California

United States District Court

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No. C 14-2052 WHA (PR)
ORDER OF DISMISSAL

v.
AUDREY KING, Acting Executive
Director California Department of
Mental Health,

(Docket No. 9)

Respondent.
/

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Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C.

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2241. He has another pending federal habeas petition, Case No. 13-5352 WHA (PR). The

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instant petition was dismissed with leave to file an amended petition indicating that he his

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challenging a different civil commitment decision than in his pending petition. If he means to

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challenge the same commitment decision, he was ordered to bring his claim in his earlier case.

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He has chosen the latter course by filing a motion to amend the petition in his earlier case to

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include the claim raised herein, and to voluntarily dismiss this case. In a separate order in his

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earlier case, petitioner has been granted leave to amend the petition therein to include the claim

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from this case. Accordingly, his request is voluntarily dismiss this case is GRANTED, and the

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instant matter is DISMISSED. The Clerk shall enter judgment and close the file.

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IT IS SO ORDERED.
Dated: September

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, 2014.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE