Sturgis v. McLaughlin

Filing 3

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 1/9/09. (lrc, COURT STAFF) (Filed on 1/9/2009)

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 v. LAMOS W. STURGIS, Petitioner,

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

No. C 08-05444 SBA (PR) ORDER OF DISMISSAL

THERESA MCLAUGHLIN, Respondent. /

Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed an application to proceed in forma pauperis (IFP). Petitioner has a pending habeas action with this Court challenging the same conviction and raising the same claims as in the instant petition. See Case No. C 08-4672 SBA (PR). Accordingly, the instant petition is DISMISSED as a duplicate petition to Case No. C 08-4672 SBA (PR). The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Court directs the Clerk of the Court to refile the petition in this action (docket no. 1) as a supplement to the federal habeas petition in Case No. C 08-4672 SBA (PR). The Court will review Petitioner's claims in a separate written Order in Case No. C 08-4672 SBA (PR). Plaintiff's IFP application (docket no. 2) is GRANTED. The Clerk shall terminate all pending motions and close the file. IT IS SO ORDERED. DATED: 1/9/09 SAUNDRA BROWN ARMSTRONG UNITED STATES DISTRICT JUDGE

P:\PRO-SE\SBA\HC.08\Sturgis5444.DisDup.wpd

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 P:\PRO-SE\SBA\HC.08\Sturgis5444.DisDup.wpd2 Lamos Wayne Sturgis F-28185 Contra Costa County Detention Facility #2008011464 901 Court Street Martinez, CA 94553 Dated: January 9, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 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 January 9, 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. v. CONTRA COSTA DISTRICT ATTORNEY et al, Defendant. / LAMOS W. STURGIS, Plaintiff, Case Number: CV08-05444 SBA CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA