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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1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ANTWION E. THOMPSON, Plaintiff, United States District Court Northern District of California 11 12 13 14 v. Case No.17-cv-01526-JSC ORDER ADMINISTRATIVELY CLOSING CASE; INSTRUCTIONS TO CLERK CALIFORNIA, Defendant. Re: Dkt. Nos. 11, 12 15 This case was opened based upon a request received from Petitioner, a California prisoner 16 proceeding pro se and incarcerated in the High Desert State Prison (“HDSP”). Petitioner requests 17 access to the results of a statistical study of probation reports of 700 California inmates convicted 18 of first-degree murder, which study was conducted by defense counsel in a capital habeas action in 19 the Eastern District of California. Frye v. Goughnour, No. CIV S-99-0628 LKK JFM (E.D. Cal. 20 Mar. 22, 2004). The Petitioner in the instant case states that his probation report was part of that 21 study. He requested and received his probation report, but he would also like to receive a copy of 22 the study. Petitioner should contact the Clerk of the Eastern District of California to request a 23 copy of the study because the Frye case is pending there. A federal case is not the proper method 24 for requesting a copy of the study. Accordingly, the Court finds that this case was opened in error 25 and directs the Clerk to administratively close this case. 26 The Clerk shall also mail a copy of Petitioner’s request (ECF No. 1) and a copy of this 27 order to the Eastern District of California, which can provide Petitioner a copy of the study, or 28 instruct him on how to obtain a copy. 1 Petitioner’s applications to proceed in forma pauperis are GRANTED. 2 IT IS SO ORDERED. 3 Dated: August 30, 2017 4 JACQUELINE SCOTT CORLEY United States Magistrate Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANTWION E. THOMPSON, Case No. 17-cv-01526-JSC Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 CALIFORNIA, Defendant. United States District Court Northern District of California 11 12 13 14 15 16 17 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. 18 19 20 21 Antwion E. Thompson ID: T-68146 High Desert State Prison P.O. Box 3030 B2-121 Susanville, CA 96127 22 23 Dated: August 30, 2017 24 25 Susan Y. Soong Clerk, United States District Court 26 27 28 By:________________________ Ada Means, Deputy Clerk to the Honorable JACQUELINE SCOTT CORLEY 3

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