IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 16, 2009
STACEY D. DYER, PETITIONER,
TINA HORNBEEK, RESPONDENT.
On August 14, 2008, petitioner filed a letter, asking to toll the statute of limitations to allow her to file a petition for a writ of habeas corpus; this matter was opened as Civ. No. S-08-1917 GGH. The court directed petitioner to file a petition for a writ of habeas corpus.
On December 22, 2008, petitioner filed a petition, which was opened as a new action and assigned it this case number, Civ. No. 08-3090. It appears that the petition should have been filed in the earlier case.
IT IS THEREFORE ORDERED that:
1. The Clerk of the Court is directed to remove the petition (docket no. 1) filed in this case and file it in Civ. No. S-08-1917 GGH; and
2. The Clerk of the Court is directed to close this case.
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