Shoemaker v. Hill

Filing 9

ORDER re 2 Prison Trust Fund Account Statement filed by Jedidiah Austion Shoemaker, ***Civil Case Terminated.. Signed by Judge ARMSTRONG on 6/17/13. (lrc, COURT STAFF) (Filed on 6/17/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JEDIDIAH AUSTIN SHOEMAKER,

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No. C 12-05884 SBA (PR)

Petitioner,

ORDER GRANTING IN FORMA
PAUPERIS STATUS; DISMISSING
PETITION WITH PREJUDICE;
AND DENYING CERTIFICATE OF
APPEALABILITY

v.
R. HILL,
Respondent.

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Petitioner, a state prisoner, filed the instant pro se petition for writ of habeas corpus pursuant

United States District Court
For the Northern District of California

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to 28 U.S.C. § 2254 challenging his March 25, 2008 conviction and sentence in the Contra Costa

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County Superior Court. Petitioner filed this action in the United State District Court for the Eastern

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District of California, which transferred it to this Court in an Order dated September 5, 2012.

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Petitioner also filed an application for leave to proceed in forma pauperis (IFP).

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Based solely on Petitioner's lack of financial resources, his application to proceed IFP is
GRANTED. (Dkt. 2.)
Petitioner previously filed a petition for a writ of habeas corpus with this Court, challenging

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the same conviction, in Case No. C 11-2674 SBA (PR) (2011 Case). On May 12, 2012, the 2011

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Case was stayed and administratively closed to allow Petitioner to exhaust state judicial remedies.

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On September 12, 2012, Petitioner filed a new petition, which was opened as a new action, Case No.

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C 12-4773 SBA (PR) (2012 Case). The Court issued an Order to show cause why the petition in the

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2012 Case should not be granted. Subsequently, the Court discovered that the 2012 Case was

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opened in error because the new petition should have been filed as the Amended Petition in the 2011

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Case. All the documents in the 2012 Case are now to be transferred to the 2011 Case, which the

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Court directed the Clerk of the Court to re-open. The Court directed the parties to abide by a new

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briefing schedule for the Amended Petition in the 2011 Case.

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The Court has compared the instant petition in this case and the Amended Petition in the

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2011 Case, and they appear to contain the same claims. Accordingly, the instant petition is

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DISMISSED as a duplicate petition to the Amended Petition in the 2011 Case. All Petitioner's

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claims challenging his March 25, 2008 conviction and sentence in the Contra Costa County Superior

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Court must be brought and litigated in the 2011 Case.

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CONCLUSION
For the foregoing reasons, Petitioner's application to proceed IFP (Dkt. 2) is GRANTED.
The petition is DISMISSED WITH PREJUDICE as duplicative.
Further, a certificate of appealability (COA) is DENIED. See Rule 11(a) of the Rules

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Governing Section 2254 Cases. For the reasons stated above, Petitioner has not shown "that jurists

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of reason would find it debatable whether the district court was correct in its procedural ruling."

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Slack v. McDaniel, 529 U.S. 473, 484 (2000). Petitioner may not appeal the denial of a COA in this

United States District Court
For the Northern District of California

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Court but may seek a certificate from the court of appeals under Rule 22 of the Federal Rules of

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Appellate Procedure. See Rule 11(a) of the Rules Governing Section 2254 Cases.

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The Clerk shall enter judgment in accordance with this Order, terminate all pending motions,
and close the file.
IT IS SO ORDERED.
DATED: 6/17/13
SAUNDRA BROWN ARMSTRONG
United States District Judge

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G:\PRO-SE\SBA\HC.12\Shoemaker 12-5884.REV Dis Dupl.wpd

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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JEDIDIAH AUSTION SHOEMAKER,

Case Number: CV12-05884 SBA

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Plaintiff,

CERTIFICATE OF SERVICE

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United States District Court
For the Northern District of California

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v.
R HILL et al,
Defendant.

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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 June 17, 2013, 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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Jedidiah Austion Shoemaker G-16403
California State Prison - Solano
P.O. Box 4000
Solano, CA 95696-4000

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Dated: June 17, 2013

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Richard W. Wieking, Clerk
By: Lisa Clark, Deputy Clerk

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G:\PRO-SE\SBA\HC.12\Shoemaker 12-5884.REV Dis Dupl.wpd

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