IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 29, 2009
CLIFTON FREEMAN, PETITIONER,
D. K. SISTO, RESPONDENT.
The opinion of the court was delivered by: A John L. Weinberg United States Magistrate Judge
Clifton Freeman has filed a new application to proceed IFP and a petition challenging the Board of Parole Hearing's denial of parole on March 27, 2007. (See Dkt. Nos. 27 and 28). These documents were inadvertently docketed in this case, which focuses upon denial of parole at an earlier hearing. Petitioner did not title his petition as an amendment to his prior petition; and nothing in the new petition suggests it was intended as an amendment. The new petition should have been filed and docketed as a new case.
Accordingly, the Clerk is directed to open a new case, re-docket petitioner's application and petition, and assign the case in accordance with standard procedures.
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