Ragan v. Richardson, 2:18-CV-0410-DMC-P. (2019)
Court: District Court, E.D. California
Number: infdco20190808908
Visitors: 26
Filed: Aug. 07, 2019
Latest Update: Aug. 07, 2019
Summary: ORDER DENNIS M. COTA , Magistrate Judge . Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On September 15, 2017, Petitioner filed a petition for a writ of habeas corpus in case number 2:17-cv-01924-KJN. The Court in that case issued an order granting Petitioner a stay and abeyance pending the exhaustion of his claims in state court. The petition filed in this case, 2:18-cv-0410-JAM-DMC, is largely the same petit
Summary: ORDER DENNIS M. COTA , Magistrate Judge . Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. 2254. On September 15, 2017, Petitioner filed a petition for a writ of habeas corpus in case number 2:17-cv-01924-KJN. The Court in that case issued an order granting Petitioner a stay and abeyance pending the exhaustion of his claims in state court. The petition filed in this case, 2:18-cv-0410-JAM-DMC, is largely the same petiti..
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ORDER
DENNIS M. COTA, Magistrate Judge.
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On September 15, 2017, Petitioner filed a petition for a writ of habeas corpus in case number 2:17-cv-01924-KJN. The Court in that case issued an order granting Petitioner a stay and abeyance pending the exhaustion of his claims in state court.
The petition filed in this case, 2:18-cv-0410-JAM-DMC, is largely the same petition filed in case 2:17-cv-01924-KJN. It seems petitioner intended to file this petition in case 2:17-cv-01924-KJN, as a way to inform the court that he had exhausted his claims in state court. See ECF No. 1 at 2 ("This is a notice to inform the courts that all claim have been exhausted in state courts. This case was held in abeyance by the federal Dist. Courts pending the Supreme Courts ruling.").
Therefore, this case (2:18-cv-0410-JAM-DMC) should be reassigned to Magistrate Judge Kendall J. Newman, the Magistrate Judge assigned to Petitioner's original habeas case (2:17-cv-01924-KJN). See Local Rule 190(d).
Accordingly, IT IS HEREBY ORDERED that the Clerk of Court shall reassign this case to Magistrate Judge Kendall J. Newman.
Source: Leagle
