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Fordjour v. Holder

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


August 21, 2009

CHARLES A. FORDJOUR, PETITIONER,
v.
ERIC H. HOLDER, JR., ET AL., RESPONDENTS.

The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge

ORDER

Petitioner has filed an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2241. By Order, filed on July 29, 2009, this court directed a response from petitioner. On the same day that order issued, petitioner's "emergency motion to consolidate" his pending cases, CIV-S-09-1800 JAM EFB, was entered in the docket.*fn1 Petitioner has subsequently repeated that request. While a determination of whether or not cases should be consolidated rests with the assigned judges in an earlier filed case, this court's review of the prior filed case, CIV-S-09-1800 JAM EFB, indicates that petitioner therein also challenges his indefinite detention as illegal and unconstitutional; thus, petitioner must show cause why the instant petition should not be dismissed as duplicative.

Accordingly, IT IS ORDERED that:

1. To the extent that the Order, filed on July 29, 2009 (docket # 8), directed respondent to file a response to the petition within 30 days (and any subsequent traverse by petitioner), it is hereby VACATED without prejudice; and

2. Petitioner must show cause, within ten (10) days, why this petition should not be dismissed as duplicative of Case No. 2:09-cv-1800 JAM EFB; failure to comply with this order will result in dismissal of this action.


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