Thompson v. California

Filing 14

ORDER ADMINISTRATIVELY CLOSING CASE; INSTRUCTIONS TO CLERK. Signed by Magistrate Judge Jacqueline Scott Corley on 8/30/2017. (ahm, COURT STAFF) (Filed on 8/30/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTWION E. THOMPSON,
Plaintiff,

United States District Court
Northern District of California

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v.

Case No.17-cv-01526-JSC

ORDER ADMINISTRATIVELY
CLOSING CASE;
INSTRUCTIONS TO CLERK

CALIFORNIA,
Defendant.

Re: Dkt. Nos. 11, 12

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This case was opened based upon a request received from Petitioner, a California prisoner

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proceeding pro se and incarcerated in the High Desert State Prison (“HDSP”). Petitioner requests

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access to the results of a statistical study of probation reports of 700 California inmates convicted

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of first-degree murder, which study was conducted by defense counsel in a capital habeas action in

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the Eastern District of California. Frye v. Goughnour, No. CIV S-99-0628 LKK JFM (E.D. Cal.

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Mar. 22, 2004). The Petitioner in the instant case states that his probation report was part of that

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study. He requested and received his probation report, but he would also like to receive a copy of

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the study. Petitioner should contact the Clerk of the Eastern District of California to request a

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copy of the study because the Frye case is pending there. A federal case is not the proper method

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for requesting a copy of the study. Accordingly, the Court finds that this case was opened in error

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and directs the Clerk to administratively close this case.

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The Clerk shall also mail a copy of Petitioner’s request (ECF No. 1) and a copy of this

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order to the Eastern District of California, which can provide Petitioner a copy of the study, or

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instruct him on how to obtain a copy.

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Petitioner’s applications to proceed in forma pauperis are GRANTED.

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IT IS SO ORDERED.

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Dated: August 30, 2017

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JACQUELINE SCOTT CORLEY
United States Magistrate 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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ANTWION E. THOMPSON,

Case No. 17-cv-01526-JSC

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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CALIFORNIA,
Defendant.

United States District Court
Northern District of California

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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.
That on August 30, 2017, 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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Antwion E. Thompson ID: T-68146
High Desert State Prison
P.O. Box 3030
B2-121
Susanville, CA 96127

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Dated: August 30, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ada Means, Deputy Clerk to the
Honorable JACQUELINE SCOTT CORLEY
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