Ellis v. Kramer

Filing 7

ORDER DISMISSING CASE. Signed by Judge Claudia Wilken on 8/24/09. (scc, COURT STAFF) (Filed on 8/24/2009)

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 ROBERT J. ELLIS, Petitioner, v. M. C. KRAMER, Warden, Respondent. / No. C 09-00728 CW (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. leave to proceed in forma pauperis. 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 09-0351 CW (PR). He also seeks

Accordingly, the instant petition is dismissed as a duplicate petition to Case No. C 09-0351 CW (PR). to proceed in forma pauperis is GRANTED. Petitioner's application The Clerk of the Court

shall terminate all pending motions (docket no. 4) and close the file. IT IS SO ORDERED. Dated: 8/24/09 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

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 Robert J. Ellis P35156 CSP-Old Folsom 2-A3-15 P.O. Box 715071 Represa, CA 95671 Dated: August 24, 2009 ROBERT J. ELLIS, Plaintiff, v. M.C. KRAMER et al, Defendant.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Case Number: CV09-00728 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 August 24, 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 W. Wieking, Clerk By: Sheilah Cahill, Deputy Clerk

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