Evans v. State of California et al

Filing 4

ORDER DISMISSING CASE. Signed by Judge ARMSTRONG on 10/28/11. (lrc, COURT STAFF) (Filed on 10/31/2011)

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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 JAMES EVANS, JR., 4 5 6 Petitioner, ORDER OF DISMISSAL v. STATE OF CALIFORNIA, et al., 7 Respondents. 8 9 No. C 11-04636 SBA (PR) / This action was opened in error when the Court received a habeas petition form that was intended to be filed in a previously-filed action -- Case No. C 11-3129 SBA (PR). Petitioner had 11 For the Northern District of California United States District Court 10 only filed a document entitled, "Writ of Execution or Writ of Error," in Case No. C 11-3129 SBA 12 (PR). In an Order dated September 8, 2011, the Court granted Petitioner leave to proceed in forma 13 pauperis (IFP), and dismissed the petition with leave to amend. Petitioner was directed to file an 14 amended petition on the Court's habeas petition form no later than thirty days from the date of that 15 Order. Also on September 8, 2011, Petitioner filed the aforementioned habeas petition form, which 16 was filed in Case No. C 11-4636 SBA (PR). Therefore, as mentioned above, a new action was 17 opened. Petitioner then filed his amended petition in Case No. C 11-3129 SBA (PR) on September 18 22, 2011. 19 Petitioner currently has two separate habeas actions pending, although he meant to file only 20 one action. Accordingly, the Clerk is directed to remove Petitioner's habeas petition form from this 21 action and to file it in his previously-filed action, Case No. C 11-3129 SBA (PR). The Clerk is 22 further directed to entitle the habeas petition form as his "supplemental habeas petition," and mark it 23 as filed on September 19, 2011, the date it was received by the Court. The Court will review his 24 supplemental habeas petition in a separate written Order in Case No. C 11-3129 SBA (PR). The 25 present action is DISMISSED because it was opened in error. No filing fee is due. Petitioner's 26 motion for leave to proceed IFP (docket no. 3) is terminated as moot. The Clerk shall close the file. 27 28 IT IS SO ORDERED. DATED: 10/28/11 SAUNDRA BROWN ARMSTRONG United States District Judge G:\PRO-SE\SBA\HC.11\Evans4636.Diss-Error.wpd 1 2 3 4 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES EVANS JR, 5 6 7 8 Case Number: CV11-04636 SBA Plaintiff, CERTIFICATE OF SERVICE v. STATE OF CA et al, Defendant. 9 11 For the Northern District of California United States District Court 10 12 13 / 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 October 31, 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. 14 15 17 James Evans F-06497 California State Prison - Corcoran P.O. Box 8800 Corcoran, CA 93212-8309 18 Dated: October 31, 2011 16 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 19 20 21 22 23 24 25 26 27 28 G:\PRO-SE\SBA\HC.11\Evans4636.Diss-Error.wpd 2

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