Lockhart v. Janda

Filing 4

ORDER DISMISSING CASE. According, this action is DISMISSED. The Clerk shall terminate any pending motions. ***Civil Case Terminated. Signed by Judge Edward J. Davila on 1/28/2013. (ecg, COURT STAFF) (Filed on 1/29/2013)

Download PDF
1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE NORTHERN DISTRICT OF CALIFORNIA 11 For the Northern District of California United States District Court 10 MICHAEL A. LOCKHART, Petitioner, 12 13 vs. 14 G. J. JANDA, 15 Respondent. 16 ) ) ) ) ) ) ) ) ) ) ) ) No. C 13-00083 EJD (PR) ORDER DISMISSING CASE 17 18 Petitioner, a state prisoner proceeding pro se, filed a petition for a writ of habeas 19 corpus pursuant to 28 U.S.C. ยง 2254, challenging his state conviction. Petitioner filed 20 this case on January 7, 2013. However, court records indicate that Petitioner filed the 21 exact same petition in No. C 13-00014 EJD on January 2, 2013. The Court will review 22 the petition in the earlier case and the instant case will be dismissed as duplicative. 23 Adams v. Cal. Dept. of Health Services, 487 F.3d 684, 688 (9th Cir. 2007) 24 According, this action is DISMISSED. The Clerk shall terminate any pending 25 motions. 26 DATED: 1/28/2013 EDWARD J. DAVILA United States District Judge 27 28 Order Dismissing Case 0083Lockhart_dsm.wpd UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA MICHAEL A LOCKHART, Case Number CV 13-00083 EJD (PR) Petitioner, CERTIFICATE OF SERVICE v. G. J. JANDA, Respondent. / I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. 1/29/2013 That on ______________________________, 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) inter-office delivery receptacle located in the Clerk's office. Michael A. Lockhart AF 4021 Calipatria State Prison 7018 Blair Road PO Box 5002 Calipatria, CA 92233 1/29/2013 DATED: ________________________ Richard W. Wieking, Clerk /s/By: Elizabeth Garcia, Deputy Clerk Order Dismissing Case 0083Lockhart_dsm.wpd 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?