Hernandez v. People of the State of California

Filing 5

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 10/25/10. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 10/25/2010)

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Hernandez v. People of the State of California Doc. 5 1 2 3 4 5 6 7 8 9 10 vs. PEOPLE OF THE STATE OF CALIFORNIA, Respondent. / MANUEL HERNANDEZ, Petitioner, No. C 10-2227 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION United United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Petitioner sent this court a document headed "Motion for Traverse." It carries the case number "2:08-cv-08249-RSWL-JEM." It is headed "In the United States District Court for California and for the County of San Francisco." In an effort to protect petitioner's rights, it was treated as an attempt to open a new habeas case. The clerk sent petitioner notices that he (1) had not filed a petition; and (2) had neither paid the filing fee nor applied for leave to proceed in forma pauperis. He was told to remedy these deficiencies within thirty days or the case would be dismissed. He has not responded. Petitioner had a habeas case in the United States District Court for the Central District of California with case number 2:08-cv-08249-RSWL-JEM. It is apparent that he mailed the motion to the wrong court. This case is DISMISSED as filed in error. No fee is due. The clerk shall close the file. IT IS SO ORDERED. Dated: October 25, 2010. PHYLLIS J. HAMILTON United States District Judge P:\PRO-SE\PJH\HC.10\HERNANDEZ,M2227.DSM.wpd Dockets.Justia.com

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