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FLORES v. ADAMS

United States District Court, Northern District of California


April 8, 2003

MICHAEL FLORES, PETITIONER,
v.
D.G. ADAMS, WARDEN, RESPONDENT.

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

ORDER OF DISMISSAL
(DOCKET No. 2)

The petition for a writ of habeas corpus filed in this matter is identical to another petition filed in this court in case number C 03-1340 MMC (PR), which petition is pending.*fn1 As it is unnecessary to have two pending cases to adjudicate a single petition, the above-titled action is hereby DISMISSED. Cf. Bailey v. Johnson, 846 F.2d 1019, 1021 (5th Cir. 1988) (holding duplicative or repetitious litigation of virtually identical causes of action subject to dismissal under § 1915). In light of this dismissal, the application to proceed in forma pauperis ("ifp") and any other pending motions are DENIED as moot.

This order terminates docket number 2.

The Clerk shall close the file and terminate all pending motions.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury, The issues have been tried and the jury has rendered its verdict.

[x] Decision by Court. This action came to trial or hearing before the Court. 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 and any other pending motions are DENIED as moot.


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