United States District Court, S.D. California
December 8, 2005.
JAMES ROY McNEIL, Petitioner,
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.
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
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.
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