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Abpikar v. Flores

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


January 13, 2009

HASSAN ABPIKAR, PETITIONER,
v.
EDWARD FLORES, CHIEF OF CORRECTIONS, COUNTY OF SANTA CLARA DEPARTMENT OF CORRECTIONS, RESPONDENT.

The opinion of the court was delivered by: Ronald M. Whyte United States District Judge

ORDER OF DISMISSAL

This case was opened when the Clerk of Court received a petition for a writ of habeas corpus from petitioner. The petition is an identical copy of an amended petition that petitioner had filed earlier, on December 12, 2008, in petitioner's prior habeas action, Abpikar v. Flores, No. C. 08-4436 RMW (PR). As the court has considered the claims and allegations in the amended petition in petitioner's earlier case, there is no need for petitioner to proceed in this action based on a duplicate petition. Accordingly, the instant action is DISMISSED and the Clerk shall enter judgment and close the file.

IT IS SO ORDERED.

20090113

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