Brooks v. Fox

Filing 4

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 4/3/17. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 4/3/2017)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 CHARLES ANTHONY BROOKS, United States District Court Northern District of California Petitioner, Case No. 17-cv-01209-RS (PR) 12 v. ORDER OF DISMISSAL 13 14 ROBERT FOX, Respondent. 15 16 17 In 2015 petitioner filed a petition regarding the same state conviction at issue here. 18 (Case No. 15-4877.) The instant petition is therefore duplicative and accordingly is 19 DISMISSED. If there are any claims in the instant petition not raised in the prior action, 20 petitioner should file an amended petition in Case No. 15-4877 that includes all claims he 21 wishes to pursue. 22 Petitioner’s motion to proceed in forma pauperis (Docket No. 3) is GRANTED. 23 The Clerk shall terminate Docket No. 3, enter judgment in favor of respondent, and close 24 the file. 25 26 27 28 IT IS SO ORDERED. April 3 Dated: March ___, 2017 _________________________ RICHARD SEEBORG United States District Judge

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