Norra v. The People

Filing 3

ORDER DISMISSING CASE; INSTRUCTIONS TO CLERK, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/18/12. (Attachments: # 1 Certificate/Proof of Service)(nah, COURT STAFF) (Filed on 1/18/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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DEANDRE NORRA,
Petitioner,

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vs.

ORDER DISMISSING CASE;
INSTRUCTIONS TO CLERK

THE PEOPLE,
Respondent.

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For the Northern District of California

United States District Court

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No. C 12-0022 PJH (PR)

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This case was opened when petitioner, a state prisoner, filed a document on the

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court’s form for habeas petitions. Petitioner has an earlier habeas case pending in this

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court, number C 11-4322 PJH (PR). That case was opened on August 31, 2011, when

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petitioner filed a motion for stay and abeyance, saying that he had habeas issues he

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wished to exhaust in state court. The clerk sent him a notice that he had not filed a petition

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and should do so within thirty days to avoid dismissal; on September 14, 2011, he filed a

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petition on the court’s form. That petition was dismissed with leave to amend because

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petitioner had not listed any grounds for relief. Petitioner also filed a later habeas case,

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number C 11-4863 PJH (PR), which was dismissed as second or successive to C 11-4322

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PJH (PR), the court saying that petitioner should raise all of his claims in C 11-4322 PJH

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(PR).

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The present petition is directed to the same conviction that is in issue in C 11-4322

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PJH (PR), and it is apparent from a cover letter that, rather than being an attempt to file a

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new case, the petition is the amended petition due in C 11-4322 PJH (PR). In C 11-4322

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PJH (PR), petitioner was instructed to put the case number on the amended petition, and

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the words “Amended Petition” on the first page, but when he filed this petition he did not do

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so, with the result that the amended petition was mistaken for an attempt to open a new

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case.

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This case is DISMISSED as opened in error. No fee is due. The clerk shall docket

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an electronic copy of the petition in C 11-4322 PJH (PR), describing it as an amended

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petition and giving it a filing date of January 4, 2012.

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IT IS SO ORDERED.
Dated: January 18, 2012.
PHYLLIS J. HAMILTON
United States District Judge

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For the Northern District of California

United States District Court

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P:\PRO-SE\PJH\HC.12\NORRA0022.DSM.wpd

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