Porras v. Curry

Filing 7

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 12/29/09. (scc, COURT STAFF) (Filed on 12/29/2009)

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 Petitioner Neville Porras, 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 August 15, 2006. Petitioner has since filed another habeas action in this Court, in which he challenged a 2007 Board hearing and denial. See Porras v. Curry, Case No. C 08-5252 CW (PR). On the same v. BEN CURRY, Warden, Respondent. / IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA NEVILLE PORRAS, Petitioner, No. C 08-03006 CW (PR) ORDER OF DISMISSAL

date as this Order, the Court has denied Respondent's motion to dismiss the petition in Case No. C 08-5252 CW (PR). The Court

has ordered Respondent to show cause why a writ of habeas corpus should not be granted in C 08-5252 CW (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 08-5252 CW (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.

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

The Clerk of the Court shall terminate all pending motions, including Respondent's Motion to Dismiss (docket no. 4), and close the file.
This Order terminates Docket no. 4. IT IS SO ORDERED. DATED: 12/29/09 CLAUDIA WILKEN 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 NEVILLE PORRAS, Plaintiff, v. BEN CURRY et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV08-03006 CW CERTIFICATE OF SERVICE

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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 December 29, 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.

Neville Porras E-37606 Y337 Correctional Training Facility P.O. Box 689 Soledad, CA 93960-0689 Dated: December 29, 2009 Richard W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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