Henry v. Spearman, 16-cv-04504-JD. (2018)
Court: District Court, N.D. California
Number: infdco20180914d80
Visitors: 7
Filed: Sep. 12, 2018
Latest Update: Sep. 12, 2018
Summary: ORDER DIRECTING CLERK TO FILE A NEW CASE JAMES DONATO , District Judge . This habeas case involves petitioner's 2014 conviction that occurred while he was in prison. The petition was stayed so petitioner could exhaust further claims. This case is currently stayed and closed. Petitioner sought authorization from the Ninth Circuit to file a successive petition involving a separate conviction from 1996. The Ninth Circuit granted petitioner's request and authorized a successive petition and on
Summary: ORDER DIRECTING CLERK TO FILE A NEW CASE JAMES DONATO , District Judge . This habeas case involves petitioner's 2014 conviction that occurred while he was in prison. The petition was stayed so petitioner could exhaust further claims. This case is currently stayed and closed. Petitioner sought authorization from the Ninth Circuit to file a successive petition involving a separate conviction from 1996. The Ninth Circuit granted petitioner's request and authorized a successive petition and on S..
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ORDER DIRECTING CLERK TO FILE A NEW CASE
JAMES DONATO, District Judge.
This habeas case involves petitioner's 2014 conviction that occurred while he was in prison. The petition was stayed so petitioner could exhaust further claims. This case is currently stayed and closed. Petitioner sought authorization from the Ninth Circuit to file a successive petition involving a separate conviction from 1996. The Ninth Circuit granted petitioner's request and authorized a successive petition and on September 7, 2018, the Ninth Circuit opinion and related order were filed in this case. Docket Nos. 15, 16. Because the Ninth Circuit case involves an entirely separate conviction, it will be filed as a new habeas petition pursuant to the Ninth Circuit's instructions. Docket No. 16. This petition will remain stayed pursuant to the conditions previously set forth. Docket No. 14.
For the foregoing reasons:
1. The Clerk shall file the new petition (Docket Nos. 15, 16) as a new habeas case that shall be assigned to the undersigned judge.
2. This habeas petition (No. 16-4504) remains stayed.
IT IS SO ORDERED.
Source: Leagle
