Anaya v. Subia

Filing 17

ORDER by Judge ARMSTRONG striking 14 Motion for Writ of Mandamus (lrc, COURT STAFF) (Filed on 2/12/2009)

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

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

RICHARD ERNEST ANAYA, Petitioner, v. R. J. SUBIA, Warden, Respondent. /

No. C 07-02064 SBA (PR) ORDER STRIKING PETITION FOR WRIT OF MANDAMUS

This is a habeas action that has been closed as of May 17, 2007. Before the Court is Petitioner's petition for a writ of mandamus. On May 17, 2007, the petition was dismissed a second and successive petition pursuant to 28 U.S.C. § 2244(b). Thereafter, Petitioner filed a petition for a writ of mandamus in the United States Court of Appeals for the Ninth Circuit. On July 16, 2008, the Ninth Circuit denied the petition. As this case is closed, the new petition for a writ of mandamus is not properly filed herein. Accordingly, it is hereby ordered STRICKEN. This Order terminates Docket no. 14. IT IS SO ORDERED. DATED: 2/11/09 ______________________________ 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

RICHARD ERNEST ANAYA, Plaintiff, v. R.J. SUBIA et al, Defendant. /

Case Number: CV07-02064 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 February 12, 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.

Richard E. Anaya P-36075 High Desert State Prison P.O. Box 3030 Susanville, CA 96127 Dated: February 12, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk

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