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McNEIL v. KIRKLAND

United States District Court, S.D. California


December 8, 2005.

JAMES ROY McNEIL, Petitioner,
v.
RICHARD J. KIRKLAND, Warden, et al., Respondents.

The opinion of the court was delivered by: JAMES LORENZ, District Judge

ORDER DISMISSING HABEAS PETITION WITHOUT PREJUDICE TO PETITIONER TO PROCEED WITH HIS CLAIMS IN SO. DIST. CA CIVIL CASE NO. 04cv1852-J (PCL)
On November 4, 2005, Petitioner, a state prisoner proceeding pro se, filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 in the District Court for the Central District of California. Because Petitioner is challenging a San Diego Superior Court conviction, the Petition was transferred to this Court.

In this action Petitioner is challenging his March 29, 2000, San Diego County Superior Court conviction and sentence under California's Three Strikes law in Case No. SCD147486. (See Petition at 1-2.) Petitioner is currently proceeding with a habeas petition pursuant to 28 U.S.C. § 2254 challenging the same convicition and sentence in this Court in SO. DIST. CA. CIVIL CASE NO. 05cv1852-J (PCL). (See Petition in SO. DIST. CA. CIVIL CASE NO. 05cv1852-J (PCL) at p. 1-2.) Because the instant case is merely duplicative of the case which is currently proceeding in SO. DIST. CA. CIVIL CASE NO. 05cv1852-J (PCL), the Court hereby DISMISSES the instant case without prejudice to Petitioner to proceed with his claims in SO. DIST. CA. CIVIL CASE NO. 05cv1852-J (PCL).

  The Clerk shall close the file.

  IT IS SO ORDERED.

20051208

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