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Roe v. Yates

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA EASTERN DIVISION


January 5, 2009

JEFFREY DENNIS ROE, PETITIONER,
v.
JAMES A. YATES, WARDEN, RESPONDENT.

The opinion of the court was delivered by: Manuel L. Real United States District Judge

MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE

The petition filed in this case challenges the calculation of petitioner's sentence. The allegations relate to claims made in a separate, prior habeas petition which was filed on September 10, 2008. [Case No. EDCV 08-1239-R(AJW)].*fn1 On December 22, 2008, the Court issued an order construing the petition filed in this case to be a supplemental petition in the prior case and directing the Clerk to file the petition filed in this case as a supplemental petition in Case No. EDCV 08-1239-R(AJW). Because there is currently another case pending involving the same petitioner and same subject, the interests of judicial economy and justice are best advanced by requiring that petitioner pursue his claims in a single proceeding. Accordingly, this duplicative case is dismissed without prejudice.

IT IS SO ORDERED.


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