Free Order on Motion for Miscellaneous Relief - District Court of California - California

Case 3:08-cv-00714-MMC

Document 9

Filed 05/02/2008

Page 1 of 1

1 2 3 4 5 6 7 8 9 10 11 12 On January 30, 2008, petitioner, a California prisoner proceeding pro se, filed the above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Included with the petition was a "Motion to File Newly Exhausted Claim Via Second Petition ­ Abuse of Discretion by Sentencing Court." In said motion, petitioner explained that he was seeking leave to proceed with a second petition pursuant to 28 U.S.C. § 2244(b), which petition contained a single newly-exhausted claim of sentencing error arising from petitioner's 2003 conviction in Santa Clara County Superior Court. On February 8, 2008, the Court denied petitioner's motion and dismissed the petition because petitioner's earlier-filed petition challenging the same 2003 conviction is still pending in this court. (See Greene v. Powers, No. C 05-3433 MMC (PR).) The Court informed petitioner that if he wished to proceed with his newly-exhausted claim he must file a motion seeking leave to amend the earlier-filed petition. On February 11, 2008, petitioner filed in the instant action an identical copy of the previously-filed motion to file a second petition. As the motion is duplicative and has already been ruled on by the Court, the motion is hereby DENIED as moot. This order terminates Docket No. 7.
IT IS SO ORDERED.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ) ) ) Petitioner, ) ) v. ) ) HARTLEY, Warden, ) ) Respondent. ___________________________ ) PHILLIP J. GREENE, No. C 08-0714 MMC (PR) ORDER DENYING DUPLICATE MOTION TO FILE SECOND PETITION (Docket No. 7)

United States District Court

13
For the Northern District of California

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

DATED: May 2, 2008 ____________________________ MAXINE M. CHESNEY United States District Judge