Juarez v. Director of Corrections

Filing 50

ORDER by Judge Ronald M. Whyte Denying 49 Motion to Dismiss on Double Jeopardy Grounds. (jg, COURT STAFF) (Filed on 9/11/2008)

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*E-FILED - 9/11/08*

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GILBERTO JUAREZ, Petitioner, vs. DIRECTOR OF CORRECTIONS, Respondent. ) ) ) ) ) ) ) ) ) ) ) ) No. C 05-0019 RMW (PR) ORDER DENYING MOTION TO DISMISS ON DOUBLE JEOPARDY GROUNDS (Docket No. 49)

Petitioner, a California prisoner proceeding pro se, filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. The petition has been dismissed as untimely. Petitioner has filed, for the third time, a motion "to dismiss on double jeopardy grounds." This motion is duplicative of his prior motions, and does not raise any basis for reconsideration of the dismissal of the petition on untimeliness grounds. Accordingly, the "motion for dismissal on double jeopardy grounds" (docket no. 49) is DENIED. IT IS SO ORDERED.
9/10/08 DATED: _____________

RONALD M. WHYTE United States District Judge

G:\PRO-SE\SJ.Rmw\HC.05\Juarez019mot.wpd

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