Hernandez Mendoza v. LeGrand et al

Filing 5

ORDERED that the clerk shall FILE and docket the petition (ECF No. 1 -1). FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE as duplicative. The clerk shall ENTER JUDGMENT accordingly. Signed by Chief Judge Robert C. Jones on 10/7/2011. (Copies have been distributed pursuant to the NEF - DRM)

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1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 ANDRES HERNANDEZ MENDOZA, 10 Petitioner, 11 vs. 12 ROBERT LeGRAND, et al., 13 Respondents. ) ) ) ) ) ) ) ) ) / 3:11-cv-00289-RCJ-WGC ORDER 14 15 This is a petition for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 in which petitioner, a 16 state prisoner, is proceeding pro se. The court takes judicial notice of case 3:10-cv-00549-ECR-VPC, 17 which is an earlier filed habeas corpus action containing an identical petition to the petition filed in the 18 instant action. Accordingly, the court dismisses the instant petition and closes this case. Petitioner shall 19 file all documents pertaining to his petition for writ of habeas corpus in case 3:10-cv-00549-ECR-VPC. 20 IT IS THEREFORE ORDERED that the clerk shall FILE and docket the petition (ECF No. 21 22 23 24 1-1). IT IS FURTHER ORDERED that this action is DISMISSED WITHOUT PREJUDICE as duplicative. The clerk shall ENTER JUDGMENT accordingly. Dated this 7th day dayOctober, 2011. DATED this _____ of of ______________________________, 2011. 25 26 UNITED STATES DISTRICT JUDGE 27

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