Thomas v. Hubbard

Filing 2

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 4/9/12. (Attachments: # 1 certificate of mailing)(mpb, COURT STAFF) (Filed on 4/10/2012)

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NOT FOR CITATION

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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JAMES EDWARD THOMAS,
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Petitioner,
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vs.
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WARDEN SUSAN HUBBARD,
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Respondent.
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No. C 12-1052 LHK (PR)
ORDER OF DISMISSAL

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On November 9, 2011, this Court dismissed Petitioner’s federal petition for writ of
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habeas corpus in Case No. 10-0591 LHK for failing to choose to either dismiss his unexhausted
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claim and proceed with only his exhausted claims, or dismiss the entire action and return to state
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court to exhaust all his claims. On December 16, 2011, Petitioner re-filed a federal petition for
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writ of habeas corpus in Case No. 10-0591 LHK, stating that he had exhausted his state court
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remedies. The Court removed Petitioner’s re-filed petition from Case No. 10-0591 LHK, and
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filed it in this new, underlying action in Case No. 12-1052 LHK. On February 29, 2012,
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Petitioner filed another federal writ of habeas corpus, which opened another action, in Case No.
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12-1019 LHK.
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A review of the petitions in Case Nos. 12-1052 LHK and 12-1019 LHK reveals that
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Petitioner has raised the same four claims. It appears that Petitioner may not have been aware
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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Thomas052disdupl.wpd

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that his December 16, 2011 petition, originally filed in Case No. 10-0591 LHK, commenced a

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new action, and thus, he filed another petition. Based on a review of the pleadings in both the

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underlying case and Case No. 12-1019 LHK, the instant action is DISMISSED as duplicative

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and unnecessary. The Clerk shall close the file.

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IT IS SO ORDERED.
4/9/12
DATED: _______________
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Thomas052disdupl.wpd

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