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HARRIS v. HENNESSY

United States District Court, Northern District of California


February 3, 2003

ARTHUR HARRIS, PETITIONER,
v.
MICHAEL HENNESSY, RESPONDENT.

The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge.

ORDER OF DISMISSAL (Docket No. 3)
Arthur Harris ("Harris"), an inmate at San Francisco County Jail, filed the above-titled action using the Court's form petition for a writ of habeas corpus. In the petition, however, Harris indicates he intends it to be a "supplement" to an earlier petition he filed in this Court. See Petition at 5; Harris v. Hennessey, No. C 02-5781 MMC PR. That petition, however, has been dismissed and is currently on appeal before the United States Court of Appeals for the Ninth Circuit, and petitioner indicates he does not intend the petition filed herein to be a separate action.

Accordingly, the above-titled action is hereby DISMISSED.

In light of the dismissal, the application to proceed in forma pauperis is DENIED and no fee is due.

This order terminates docket number 3 and all pending motions are terminated.

The clerk shall close the file.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Decision by Court. This action came to trial by jury. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED the above-titled action is hereby DISMISSED. The application to proceed in forma pauperis is DENIED and no fee is due.

20030203

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