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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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

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