Lawrie v. Hedgepeth et al

Filing 2

ORDER dismissing case because the Petition in this case is duplicative of that filed in case number 10cv1034-DMS(PCL). The Clerk shall close the file. Signed by Judge Jeffrey T. Miller on 5/26/2010.(All non-registered users served via U.S. Mail Service)(tkl)

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 v. HEDGEPETH, Warden, et al., Respondents. MATTHEW A. LAWRIE, Petitioner, Civil No. 10cv1076 JM (WMc) UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

ORDER DISMISSING CASE AS DUPLICATIVE OF CASE NO. 10cv1034 DMS (PCL)

Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. The Court may dismiss a duplicative petition as frivolous if it "merely repeats pending or previously litigated claims." Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (citations omitted). Here, Petitioner has filed two identical petitions with this Court. The Petition in this case was filed on May 17, 2010. An identical petition was filed in case number 10cv1034 on May 12, 2010. Based on the foregoing, the Court DISMISSES this case because the Petition in this case is duplicative of that filed in case number 10cv1034. The Clerk shall close the file. IT IS SO ORDERED. DATED: May 26, 2010 Hon. Jeffrey T. Miller United States District Judge

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10cv1076