Jose Manuel Aguirre-Ganceda v. Heriberto H. Tellez
Filing
9
ORDER DISMISSING CIVIL CASE (cc: Jose Manuel Aguierre-Ganceda via first class mail). Signed by Senior Judge Edward F. Shea. (PL, Case Administrator)
1
2
3
4
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON
5
6
7
No.
JOSE MANUEL AGUIERRE-GANCEDA,
4:17-CV-05094-EFS
Petitioner,
8
ORDER DISMISSING CIVL CASE
v.
9
10
CLERK’S OFFICE ACTION REQUIRED
HERIBERTO H. TELLEZ, Acting
Warden,
11
Respondent.
12
13
On July 3, 2017, Jose Manuel Aguierre-Ganceda’s Petition for
14
Writ of Habeas Corpus, which was filed in the Central District of
15
California,
16
Court’s prior text order, ECF No. 7,
17
a
18
requesting
19
arguments as in the California habeas petition; only the titles and
20
the introductions differed. Compare ECF No. 244 in 03-CR-6016, with
21
ECF No. 4 in 17-CV-5094.
22
habeas petition is dismissed as a duplicative filing and case number
23
4:17-CV-05094-EFS shall be closed.
§
2255
was
transferred
motion
the
pending
same
to
this
before
relief,
District.
As
stated
in
the
Mr. Aguierre-Ganceda already had
this
asserted
Court
the
that,
exact
in
addition
to
same
facts
and
Therefore, Mr. Aguierre-Ganceda’s civil
24
25
26
Q:\EFS\Criminal\2003\03-CR-6016.17-CV-5094;Aguierre-Ganceda.Dismiss.Duplicate.LC1.docx
ORDER DISMISSING CIVL CASE - 1
To ensure a complete record, the Court will direct the Clerk’s
1
2
Office
to
file
Mr.
Aguierre-Ganceda’s
3
Notice of Duplicative Filing in the associated criminal case.1
4
1.
habeas
petition
as
a
Accordingly, IT IS HEREBY ORDERED:
5
civil
The
Clerk’s
Office
is
directed
to
file
Mr.
Aguierre-
6
Ganceda’s Petition for Writ of Habeas Corpus, ECF No. 1 in
7
4:17-CV-05094-EFS, as a Notice of Duplicative Filing in his
8
criminal case, 2:03-CR-06016-EFS-1, nunc pro tunc, as of
9
July 3, 2017.
10
2.
Case No. 4:17-CV-05094-EFS is DISMISSED.
11
3.
All
motions
in
4:17-CV-05094-EFS
are
DENIED
AS
MOOT.
12
4.
13
All hearings and other deadlines in 4:17-CV-05094-EFS are
STRICKEN.
14
5.
15
The Clerk’s Office is directed to CLOSE Case No. 4:17-CV05094-EFS.
16
IT IS SO ORDERED.
17
18
pending
The Clerk’s Office is directed to enter this
Order and provide copies to Mr. Aguierre-Ganceda and all counsel.
DATED this
19
23rd _
day of August 2017.
20
__s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge
21
22
23
24
25
1
Mr. Aguierre-Ganceda’s latest § 2255 motion already has an associated
civil case that was opened for administrative purposes: Case No. 4:17-CV05092-EFS.
26
Q:\EFS\Criminal\2003\03-CR-6016.17-CV-5094;Aguierre-Ganceda.Dismiss.Duplicate.LC1.docx
ORDER DISMISSING CIVL CASE - 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?