Thornton v. Grounds

Filing 3

ORDER DISMISSING ACTION AS DUPLICATIVE; DENYING AS MOOT 2 APPLICATION TO PROCEED IN FORMA PAUPERIS. Signed by Judge Claudia Wilken on 1/10/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 1/10/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM CECIL THORNTON,

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Petitioner,

ORDER DISMISSING ACTION AS
DUPLICATIVE; DENYING AS MOOT
APPLICATION TO PROCEED IN FORMA
PAUPERIS

v.
RANDY GROUNDS,
Respondent.

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No. C 11-06312 CW (PR)

(Docket no. 2)
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Petitioner, a state prisoner currently incarcerated at the

United States District Court
For the Northern District of California

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Correctional Training Facility at Soledad (CTF), filed the instant

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petition for a writ of habeas corpus under 28 U.S.C. § 2254,

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challenging conditions of his parole that require him to register

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as a sex offender.

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custody because of a violation of parole terms set in connection

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with a conviction obtained in the San Diego County Superior Court,

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maintains that he should not be required to register as a sex

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offender because such requirement is based on an expired 1990

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Tennessee conviction for domestic violence.

Specifically, Petitioner, who currently is in

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Petitioner previously raised the same challenge to the

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conditions of his parole in a prior petition filed in this Court.

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See Thornton v. Cate, Case No. C 11-05091 CW (PR).

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2011, the Court dismissed that petition as duplicative, because

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Petitioner is challenging the Tennessee conviction and the

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California sex-offender registration requirement in a case

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currently pending in the United States District Court for the

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Southern District of California.

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No. C 11-00190 LAB (JMA).

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On October 27,

See Thornton v. Strainer, Case

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In the present petition, Petitioner provides no reason why

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this Court should entertain a petition challenging the same parole

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registration requirement that is under review in the petition

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pending in the Southern District.

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DISMISSED as duplicative.

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Accordingly, this petition is

Additionally, because Petitioner has been granted leave to

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proceed in forma pauperis in the Southern District, his motion to

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proceed in forma pauperis in this action is DENIED as moot.

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filing fee is due.

United States District Court
For the Northern District of California

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No

The Clerk of the Court shall enter judgment and close the
file.

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This Order terminates Docket no. 2.

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IT IS SO ORDERED.

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Dated: 1/10/2012

CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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