Henry v. Spearman

Filing 17

ORDER DIRECTING CLERK TO FILE A NEW CASE. Signed by Judge James Donato on 9/12/18. (lrcS, COURT STAFF) (Filed on 9/12/2018)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHEDRICK L. HENRY,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-04504-JD

ORDER DIRECTING CLERK TO
FILE A NEW CASE

v.
M. E. SPEARMAN,
Respondent.

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This habeas case involves petitioner’s 2014 conviction that occurred while he was in

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prison. The petition was stayed so petitioner could exhaust further claims. This case is currently

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stayed and closed. Petitioner sought authorization from the Ninth Circuit to file a successive

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petition involving a separate conviction from 1996. The Ninth Circuit granted petitioner’s request

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and authorized a successive petition and on September 7, 2018, the Ninth Circuit opinion and

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related order were filed in this case. Docket Nos. 15, 16. Because the Ninth Circuit case involves

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an entirely separate conviction, it will be filed as a new habeas petition pursuant to the Ninth

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Circuit’s instructions. Docket No. 16. This petition will remain stayed pursuant to the conditions

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previously set forth. Docket No. 14

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For the foregoing reasons:

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1. The Clerk shall file the new petition (Docket Nos. 15, 16) as a new habeas case that

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shall be assigned to the undersigned judge.

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2. This habeas petition (No. 16-4504) remains stayed.

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IT IS SO ORDERED.

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Dated: September 12, 2018

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JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SHEDRICK L. HENRY,

Case No. 16-cv-04504-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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M. E. SPEARMAN,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on September 12, 2018, 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 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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Shedrick L. Henry
High Desert State Prison
K-16736
P.O. Box 3030
Susanville, CA 96127

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Dated: September 12, 2018

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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