Marrero v. White

Filing 4

OPINION & ORDER DISMISSING CASE Signed by Honorable Patrick J Duggan. (MOre, )

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Marrero v. White Doc. 4 Case 2:06-cv-14458-PJD-RSW Document 4 Filed 10/26/2006 Page 1 of 2 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION FERNANDO A. MARRERO, Petitioner, v. JEFF WHITE, Respondent, _____________________________________/ OPINION AND ORDER OF SUMMARY DISMISSAL Petitioner Fernando A Marrero ("Petitioner"), presently confined at the Ojibway Correctional Facility in Marenisco, Michigan, seeks the issuance of a writ of habeas corpus pursuant to 28 U.S.C. 2254. Prior to filing the pending petition, Petitioner sent written correspondence to Eastern District of Michigan Judge David M. Lawson. Judge Lawson forwarded Petitioner's documents to the Clerk of the Court and directed that the documents be filed as a petition for writ of habeas corpus. The Clerk of the Court followed Judge Lawson's directions and the documents were filed as Case No. 06-13953 on September 7, 2006, which was assigned to the Honorable Denise Page Hood. When Petitioner filed the pending petition on October 12, 2006, it was filed as an amended petition in Judge Hood's case and as a separate matter, the case now assigned to this Court. Because the petition pending before this Court is the identical petition filed in Judge Hood's case, this action will be dismissed without prejudice. 1 Civil No. 2:06-CV-14458 Honorable Patrick J. Duggan Case 2:06-cv-14458-PJD-RSW Document 4 Filed 10/26/2006 Page 2 of 2 Accordingly, IT IS ORDERED, that this action is DISMISSED WITHOUT PREJUDICE. s/PATRICK J. DUGGAN UNITED STATES DISTRICT JUDGE Fernando Marrero, #177839 Ojibway Correctional Facility N5705 Ojibway Road Marenisco, MI 49947-9771 2

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