Housh v. Rackley

Filing 71

ORDER by Judge Haywood S. Gilliam, Jr. Terminating Docket No. 70 . (ndrS, COURT STAFF) (Filed on 5/26/2020)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CARLOS C. HOUSH, Petitioner, 8 9 10 United States District Court Northern District of California 11 v. Case No. 17-cv-04222-HSG ORDER Re: Dkt. No. 70 RONALD RACKLEY, Respondent. 12 13 Petitioner has filed this pro se action for a petition for a writ of habeas corpus pursuant to 14 28 U.S.C. ยง 2254. Petitioner has requested that the petition docketed at Dkt. No. 1 remain the 15 operative petition because the claim raised in Dkt. No. 66 has not yet been exhausted. Dkt. No. 16 70. The Court DENIES this request as moot. Dkt. No. 1 has always been the operative petition 17 and continues to be the operative petition. See, e.g., Dkt. Nos. 48, 67 (denying request to amend 18 petition piecemeal). 19 This order terminates Dkt. No. 70. 20 IT IS SO ORDERED. 21 22 23 24 25 26 27 28 Dated: 5/26/2020 ______________________________________ HAYWOOD S. GILLIAM, JR. United States District Judge

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