Everett v. McDonald

Filing 3

ORDER DISMISSING CASE; DIRECTING CLERK TO REFILE PETITION IN CASE NO. C 10-4323 CW (PR). Signed by Judge Claudia Wilken on 9/9/2011. (ndr, COURT STAFF) (Filed on 9/9/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JAMAL T. EVERETT,
Petitioner,

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v.

United States District Court
For the Northern District of California

ORDER DISMISSING CASE;
DIRECTING CLERK TO
REFILE PETITION IN
CASE NO. C 10-4323 CW (PR)

M. D. McDONALD, Warden,
Respondent.

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No. C 11-4336 CW (PR)

_____________________________/

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The Clerk of the Court erroneously opened this case when

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Petitioner filed a document entitled, "Petition for Writ of Habeas

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Corpus," which is related to his other pending action, Everett v.

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McDonald, No. C 10-4323 CW (PR).

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pending action is a habeas action that has been stayed pending

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Petitioner's exhaustion of state remedies.

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directed in that action to keep the Court apprised of the status of

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his exhaustion efforts in state court.

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present case is a copy of a petition that Petitioner recently filed

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in the Alameda County Superior Court; Petitioner explains in a

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letter attached to the petition that he is sending the petition to

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this Court to show that he is in the process of exhausting state

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remedies.

Specifically, Petitioner's other

Petitioner has been

The petition filed in the

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Accordingly, the Court directs the Clerk to refile the present
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Petition for Writ of Habeas Corpus (docket no. 1) in Case No.
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C 10-4323 CW (PR) as a "Status Report."

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This case is DISMISSED because it was opened in error.

No

filing fee is due.
The Clerk shall close the file.
IT IS SO ORDERED

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Dated: 9/9/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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United States District Court
For the Northern District of California

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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JAMAL EVERETT,
Case Number: CV11-04336 CW
Plaintiff,

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CERTIFICATE OF SERVICE
v.

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M.D. MCDONALD et al,

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United States District Court
For the Northern District of California

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Defendant.
/

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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 September 9, 2011, 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.

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Jamal Everett G41163
BED 3B03 240 UP
Corcoran State Prison
P.O. Box 3466
Corcoran, CA 93212

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Dated: September 9, 2011
Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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