Brown v. Monterey Superior Court

Filing 4

ORDER OF DISMISSAL. Signed by Magistrate Judge Donna M. Ryu on 1/27/17. (ig, COURT STAFF) (Filed on 1/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM BROWN,
Petitioner,

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Case No. 16-cv-07169-DMR (PR)

ORDER OF DISMISSAL

v.
MONTEREY SUPERIOR COURT,
Respondent.
This action was opened on December 15, 2016, when the court received from Petitioner a

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document entitled, “Petition for a Writ of Habeas Corpus.” Dkt. 1. In his “Notice to Court” filed

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United States District Court
Northern District of California

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on December 30, 2016, Petitioner explains that this action was opened in error because his petition

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was filed in the wrong court. Dkt. 3 at 2. The petition apparently was intended to be filed in the

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United States Court of Appeals for the Ninth Circuit rather than this court. Id. Thus, Petitioner

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requests that this court dismiss the instant action as opened in error and forward the petition to the

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Ninth Circuit for review.

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Based on the foregoing, this court concludes that the petition was not intended to be filed

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in this court and was instead intended to be filed in the Ninth Circuit. Accordingly, this action is

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DISMISSED without prejudice because it was filed in the wrong court.

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The Clerk of the Court shall send the original petition and its attachments to the Ninth

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Circuit for filing in that court. Prior to sending the petition, the Clerk shall substitute “United

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States Court of Appeals for the Ninth Circuit” as the caption on the top of page one of the petition,

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which currently states “United States District Court Northern District of California.” The Clerk

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shall also send a copy of this Order and Petitioner’s “Notice to Court” (dkt. 3) to the Ninth Circuit

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to explain why the petition is being redirected to that court.

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No filing fee is due. The Clerk shall close the file.
IT IS SO ORDERED.
Dated: January 27, 2017
DONNA M. RYU
United States Magistrate Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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WILLIAM BROWN,

Case No. 4:16-cv-07169-DMR

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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MONTEREY SUPERIOR COURT,
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.

United States District Court
Northern District of California

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That on January 27, 2017, 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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William Brown ID: AS7822
P.O. Box 3030
Susanville, CA 96127
Dated: January 27, 2017

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
Ivy Lerma Garcia, Deputy Clerk to the
Honorable DONNA M. RYU

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