Choate v. Williams et al

Filing 27

ORDER. IT IS ORDERED that the instant case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED that petitioner shall file all future pleadings and motions in 2:16-cv-00813-RFB-GWF. Petitioner shall file no further pleadings or motions in this case. Signed by Judge Richard F. Boulware, II on 3/29/17. (Copies have been distributed pursuant to the NEF - ADR)

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1 2 3 4 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 5 6 7 8 STEPHEN LEE CHOATE, 9 Petitioner, 10 vs. 11 Case No. 2:16-cv-01093-RFB-CWH WILLIAMS, et al., 12 ORDER Respondents. 13 14 This action is a pro se petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 15 by a Nevada state prisoner. On January 24, 2017, this case was consolidated with petitioner’s 16 earlier-filed case, 2:16-cv-00813-RFB-GWF. Petitioner challenges the same state court conviction 17 in this case as he challenges in 2:16-cv-00813-RFB-GWF. To avoid duplicate pleadings and in the 18 interest of judicial economy, the instant case will be dismissed. Petitioner’s habeas claims shall 19 proceed in the earlier-filed case 2:16-cv-00813-RFB-GWF. 20 21 22 23 IT IS THEREFORE ORDERED that the instant case is DISMISSED WITHOUT PREJUDICE. The Clerk of Court shall enter judgment accordingly. IT IS FURTHER ORDERED that petitioner shall file all future pleadings and motions in 2:16-cv-00813-RFB-GWF. Petitioner shall file no further pleadings or motions in this case. 24 DATED this 29th day of March, 2017. 25 26 27 28 RICHARD F. BOULWARE, II UNITED STATES DISTRICT JUDGE

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