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EVANS v. DIRECTOR OF THE CALIFORNIA DEPT. OF CORRECTIONS

United States District Court, N.D. California


ALONZO EVANS, Petitioner,
v.
DIRECTOR OF THE CALIFORNIA DEPARTMENT OF CORRECTIONS, Respondent.

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

ORDER OF DISMISSAL; INSTRUCTIONS TO CLERK

This action consists of various motions filed by Alonzo Evans ("Evans"), a California prisoner, pertaining to his petition for a writ of habeas corpus pending before the undersigned in Case No. 03-2498 MMC (PR). Because Evans did not include the case number of his habeas petition with these motions, the Clerk of the Court opened the above-titled new action and filed the motions therein. A single petition may not proceed in two actions.

Accordingly, the above-titled action is DISMISSED, and the Clerk is directed to file the motions in petitioner's pending habeas case: Case No. 03-2498 MMC (PR).

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

  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 DISMISSED, and the Clerk is directed to file the motions in petitioner's pending habeas case: Case No. 03-2498 MMC (PR).

20040901

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