Cavitt v. Woodford

Filing 4

ORDER CORRECTING ERRONEOUS FILING; CLOSING CASE; INSTRUCTIONS TO CLERK, Signed by Judge Jeremy Fogel on 5/31/07. (jfsec, COURT STAFF) (Filed on 5/31/2007)

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Cavitt v. Woodford Doc. 4 Case 5:07-cv-02705-JF Document 4 Filed 05/31/2007 Page 1 of 3 **E-filed 5/31/07** 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOT FOR CITATION IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA JAMES FREDDIE CAVITT, Petitioner, vs. JEANNE S. WOODFORD, Respondent. ) ) ) ) ) ) ) ) ) ) ) No. C 07-2705 JF (PR) ORDER CORRECTING ERRONEOUS FILING; CLOSING CASE; INSTRUCTIONS TO CLERK Petitioner, a state prisoner, proceeding pro se, filed a writ of habeas corpus pursuant to 28 U.S.C. 2254 on May 22, 2007. Petitioner enclosed a letter to the Court with the instant petition, stating that he enclosed a copy of his petition that he filed in the California Supreme Court on April 27, 2007. The Court notes that Petitioner has an earlier filed habeas action which is stayed pending exhaustion of his additional claim in the state supreme court, case no C 05-3064 JF (PR). It appears that the instant petition was mistakenly received and opened as a new case in the instant action, rather than in Petitioner's earlier habeas action in case no. C 05-3064 JF (PR). \\\ \\\ Order Correcting Erroneous Filing; Closing Case; Instructions to Clerk 1 P:\pro-se\sj.jf\hc.07\Cavitt705close Dockets.Justia.com Case 5:07-cv-02705-JF Document 4 Filed 05/31/2007 Page 2 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Accordingly, the Clerk is instructed to copy all documents from the instant case and transfer the documents to Petitioner's earlier filed habeas action in case number C 053064 JF (PR). Because the instant case was opened erroneously, the Court will dismiss the instant habeas action without prejudice. The Clerk shall close the file and terminate any pending motions. No filing fee is due. It is Petitioner's responsibility to prosecute this case. Petitioner is reminded that all communications with the Court must be served on Respondent by mailing a true copy of the document to Respondent's counsel. Petitioner must keep the Court and all parties informed of any change of address by filing a separate paper captioned "Notice of Change of Address." He must comply with the Court's orders in a timely fashion. IT IS SO ORDERED. 5/31/07 DATED: _______________ JEREMY FOGEL United States District Judge Order Correcting Erroneous Filing; Closing Case; Instructions to Clerk 2 P:\pro-se\sj.jf\hc.07\Cavitt705close Case 5:07-cv-02705-JF Document 4 Filed 05/31/2007 Page 3 of 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A copy of this order was mailed to the following: James Freddie Cavitt K-81900 Correctional Medical Facility P.O. Box 2000 Vacaville, CA 95696 Juliet B. Hayley CA State Attorney General's Office 455 Golden Gate Avenue Suite 11000 San Francisco, CA 94102-7004 Order Correcting Erroneous Filing; Closing Case; Instructions to Clerk 3 P:\pro-se\sj.jf\hc.07\Cavitt705close

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