Daniel v. Ayers

Filing 14

ORDER DISMISSING CASE without Prejudice as moot. Signed by Judge Saundra Brown Armstrong, on 12/17/09. All pending motions are TERMINATED. ***Civil Case Terminated (lrc, COURT STAFF) (Filed on 12/21/2009) Modified on 12/22/2009 (jlm, COURT STAFF). Modified on 1/12/2010 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA DEMETRIUS DANIEL, Petitioner, No. C 07-01972 SBA (PR) ORDER OF DISMISSAL

ROBERT L. AYERS, JR., Warden, Respondent. /

Petitioner Demetrius Daniel, a state prisoner, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 challenging the denial of parole by the California Board of Parole Hearings (Board) on February 7, 2006. Petitioner has since filed another habeas action in this Court, in which he challenged a 2007 Board hearing and denial. See Daniel v. Ayers, Case No. C 08-03221 SBA (PR). On the same date as this Order, the Court has denied Respondent's motion to dismiss the petition in Case No. C 0803221 SBA (PR). The Court also stated that it would address the merits of the petition in a separate written Order in C 08-03221 SBA (PR). Here, Petitioner claims that the Board's 2006 denial of parole was unlawful. Because the Court will be considering the petition in Case No. C 08-03221 SBA (PR) relating to the Board's 2007 denial, the present petition for a writ of habeas corpus under 28 U.S.C. § 2254 is DISMISSED without prejudice as moot. The Clerk of the Court shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: 12/17/09 SAUNDRA BROWN ARMSTRONG United States District Judge

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1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

DEMETRIUS DANIEL, Plaintiff, v. ROBERT L. AYERS et al, Defendant. /

Case Number: CV07-01972 SBA CERTIFICATE OF SERVICE

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 December 21, 2009, 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.

Demetrius Daniel E-03098 San Quentin State Prison San Quentin, CA 94964 Dated: December 21, 2009

Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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