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)

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WASHINGTON

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No.

JOSE MANUEL AGUIERRE-GANCEDA,

4:17-CV-05094-EFS

Petitioner,

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ORDER DISMISSING CIVL CASE
v.

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CLERK’S OFFICE ACTION REQUIRED

HERIBERTO H. TELLEZ, Acting
Warden,

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Respondent.
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On July 3, 2017, Jose Manuel Aguierre-Ganceda’s Petition for

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Writ of Habeas Corpus, which was filed in the Central District of

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California,

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Court’s prior text order, ECF No. 7,

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a

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requesting

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arguments as in the California habeas petition; only the titles and

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the introductions differed. Compare ECF No. 244 in 03-CR-6016, with

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ECF No. 4 in 17-CV-5094.

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habeas petition is dismissed as a duplicative filing and case number

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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

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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

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Office

to

file

Mr.

Aguierre-Ganceda’s

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Notice of Duplicative Filing in the associated criminal case.1

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1.

habeas

petition

as

a

Accordingly, IT IS HEREBY ORDERED:

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civil

The

Clerk’s

Office

is

directed

to

file

Mr.

Aguierre-

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Ganceda’s Petition for Writ of Habeas Corpus, ECF No. 1 in

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4:17-CV-05094-EFS, as a Notice of Duplicative Filing in his

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criminal case, 2:03-CR-06016-EFS-1, nunc pro tunc, as of

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July 3, 2017.

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2.

Case No. 4:17-CV-05094-EFS is DISMISSED.

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3.

All

motions

in

4:17-CV-05094-EFS

are

DENIED

AS

MOOT.

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4.

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All hearings and other deadlines in 4:17-CV-05094-EFS are
STRICKEN.

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5.

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The Clerk’s Office is directed to CLOSE Case No. 4:17-CV05094-EFS.

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IT IS SO ORDERED.

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pending

The Clerk’s Office is directed to enter this

Order and provide copies to Mr. Aguierre-Ganceda and all counsel.
DATED this

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23rd _

day of August 2017.

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__s/Edward F. Shea
EDWARD F. SHEA
Senior United States District Judge

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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.

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Q:\EFS\Criminal\2003\03-CR-6016.17-CV-5094;Aguierre-Ganceda.Dismiss.Duplicate.LC1.docx

ORDER DISMISSING CIVL CASE - 2