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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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES EVANS, JR.,

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Petitioner,

ORDER OF DISMISSAL

v.
STATE OF CALIFORNIA, et al.,

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Respondents.

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No. C 11-04636 SBA (PR)

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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

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For the Northern District of California

United States District Court

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only filed a document entitled, "Writ of Execution or Writ of Error," in Case No. C 11-3129 SBA

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(PR). In an Order dated September 8, 2011, the Court granted Petitioner leave to proceed in forma

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pauperis (IFP), and dismissed the petition with leave to amend. Petitioner was directed to file an

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amended petition on the Court's habeas petition form no later than thirty days from the date of that

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Order. Also on September 8, 2011, Petitioner filed the aforementioned habeas petition form, which

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was filed in Case No. C 11-4636 SBA (PR). Therefore, as mentioned above, a new action was

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opened. Petitioner then filed his amended petition in Case No. C 11-3129 SBA (PR) on September

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22, 2011.

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Petitioner currently has two separate habeas actions pending, although he meant to file only

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one action. Accordingly, the Clerk is directed to remove Petitioner's habeas petition form from this

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action and to file it in his previously-filed action, Case No. C 11-3129 SBA (PR). The Clerk is

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further directed to entitle the habeas petition form as his "supplemental habeas petition," and mark it

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as filed on September 19, 2011, the date it was received by the Court. The Court will review his

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supplemental habeas petition in a separate written Order in Case No. C 11-3129 SBA (PR). The

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present action is DISMISSED because it was opened in error. No filing fee is due. Petitioner's

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motion for leave to proceed IFP (docket no. 3) is terminated as moot. The Clerk shall close the file.

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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

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
JAMES EVANS JR,

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Case Number: CV11-04636 SBA
Plaintiff,
CERTIFICATE OF SERVICE
v.
STATE OF CA et al,
Defendant.

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For the Northern District of California

United States District Court

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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 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.

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James Evans F-06497
California State Prison - Corcoran
P.O. Box 8800
Corcoran, CA 93212-8309

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Dated: October 31, 2011

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Richard W. Wieking, Clerk
By: LISA R CLARK, Deputy Clerk

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G:\PRO-SE\SBA\HC.11\Evans4636.Diss-Error.wpd

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