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Fordjour v. Holder

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 ...


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