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Newton v. State

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA


July 24, 2008

CARDELL NEWTON, PETITIONER,
v.
STATE OF CALIFORNIA, RESPONDENT.

The opinion of the court was delivered by: Vaughn R Walker United States District Chief Judge

ORDER OF DISMISSAL

Cardell Newton submitted a pro se petition for a writ of habeas corpus under 28 USC § 2254 via mail. Although not accompanied by the requisite $5.00 filing fee or an application to proceed in forma pauperis, the clerk filed the petition as civil case number 08-3301 and assigned it to Judge Fogel. See Newton v California, No C 08-3301 JF (PR) (ND Cal filed July 7, 2008).

Under separate cover, Newton also submitted an application to proceed in forma pauperis. But instead of filing it in civil case 08-3301 JF (PR), the clerk filed the application as civil case number 08-3327, assigned it to the undersigned and instructed Newton to file an actual petition or complaint within 30 days. See Newton v California, No C 08-3327 VRW (PR) (ND Cal filed July 7, 2008).

The clerk is instructed to file the application to proceed in forma pauperis into civil case 08-3301 JF (PR) and to close civil case 08-3327 VRW (PR) as inadvertently opened. All pending motions in civil case 08-3327 VRW (PR) are dismissed as moot. All future filings shall take place in 08-3301 JF (PR) only. No filing fee is due for inadvertently opened 08-3327 VRW (PR).

The clerk shall file a copy of this order in civil case 08-3301 JF (PR).

SO ORDERED.

20080724

© 1992-2008 VersusLaw Inc.



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