United States District Court, N.D. California
February 10, 2004.
SCOTT EMERSON FELIX, Petitioner
Sheriff MICHAEL HENNESSEY, Respondent
The opinion of the court was delivered by: WILLIAM HASKELL ALSUP, District Judge
ORDER GRANTING LEAVE TO
PROCEED IN FORMA
PAUPERIS; ORDER OF
This is a habeas corpus action brought pro se by a petitioner who is
confined as a sexually violent predator. The Court ordered him to provide
in forma pauperis information, and to file a statement regarding whether
the issues raised in this habeas petition are the same as the unexhausted
issues raised in his other pending habeas case. He has done so.
Petitioner's motion for leave to proceed in forma pauperis is GRANTED.
Petitioner's states that the issues presented in this petition are
those which were listed in his petition in his other case and identified
there as unexhausted. He states that these issues are now exhausted. If
he wishes to raise these now, he may do so by moving to amend to add them
back into the earlier case, whence they started. Filing them as a
separate case only complicates matters, and runs the risk that this
petition might be deemed second or successive to the other, See
28 U.S.C. § 2244(b).
For these reasons, this case is DISMISSED without prejudice. The clerk
shall close the file.
IT IS SO ORDERED.
Pursuant to the court's order entered today, a judgment of dismissal
without prejudice is hereby entered. Plaintiff shall take nothing by way
of his complaint.
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