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Sturgis v. McLaughlin

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


January 9, 2009

LAMOS W. STURGIS, PETITIONER,
v.
THERESA MCLAUGHLIN, RESPONDENT.

The opinion of the court was delivered by: Saundra Brown Armstrong United States District Judge

ORDER OF DISMISSAL

Petitioner, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has also filed an application to proceed in forma pauperis (IFP). Petitioner has a pending habeas action with this Court challenging the same conviction and raising the same claims as in the instant petition. See Case No. C 08-4672 SBA (PR). Accordingly, the instant petition is DISMISSED as a duplicate petition to Case No. C 08-4672 SBA (PR). The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Court directs the Clerk of the Court to refile the petition in this action (docket no. 1) as a supplement to the federal habeas petition in Case No. C 08-4672 SBA (PR). The Court will review Petitioner's claims in a separate written Order in Case No. C 08-4672 SBA (PR). Plaintiff's IFP application (docket no. 2) is GRANTED. The Clerk shall terminate all pending motions and close the file.

IT IS SO ORDERED.

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on January 9, 2009, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

20090109

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