Everett v. McDonald

Filing 5

ORDER DISMISSING CASE; DIRECTING CLERK TO REFILE PETITION IN CASE NO. C 10-4323 CW (PR). Signed by Judge Claudia Wilken on 4/17/2012. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 4/17/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMAL T. EVERETT,

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Petitioner,
v.

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

M. D. McDONALD, Warden,

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No. C 12-1410 CW (PR)

Respondent.
_____________________________/

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United States District Court
For the Northern District of California

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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 intended to

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file in the California Supreme 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.1

Specifically, Petitioner's other

Petitioner has been

The petition filed in the

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In his letter, filed March 20, 2012, Petitioner inquires
whether the California Supreme Court is the last court in which he
is required to file his habeas petition to exhaust his previously
unexhausted claims. The Court cannot provide Petitioner with legal
advice. The Court notes, however, that prisoners in state custody
who wish to challenge collaterally in federal habeas proceedings
either the fact or length of their confinement are first required
to exhaust state judicial remedies, either on direct appeal or
through collateral proceedings, by presenting the highest state

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Accordingly, the Court directs the Clerk to refile all of the

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documents currently filed in Case No. C 12-1410 CW (PR) in Case No.

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C 10-4323 CW (PR).

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no. 1) and attached correspondence and exhibits (docket no. 2)

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should be filed as a "Status Report."

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The Petition for Writ of Habeas Corpus (docket

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.

United States District Court
For the Northern District of California

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Dated:

4/17/2012

CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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court available with a fair opportunity to rule on the merits of
each and every claim they seek to raise in federal court. 28
U.S.C. § 2254(b), (c); Rose v. Lundy, 455 U.S. 509, 515 (1982).
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