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FELIX v. HENNESSEY

United States District Court, N.D. California


February 10, 2004.

SCOTT EMERSON FELIX, Petitioner
v.
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 DISMISSAL
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. ยง 2244(b).

  For these reasons, this case is DISMISSED without prejudice. The clerk shall close the file.

  IT IS SO ORDERED.

  JUDGMENT

  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.

20040210

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