IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 28, 2010
PHANHAHA XABANDITH, PETITIONER,
FRANCISCO JACQUEZ, RESPONDENT.
Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Therein, petitioner challenges his 2006 judgment of conviction entered in the Sacramento County Superior Court. The court's own records reveal that petitioner previously filed a habeas action with a virtually identical petition in Case No. CIV S-09-2550 LKK DAD P. In that previously-filed case, the court ordered petitioner to file an amended petition naming the proper respondent. It appears that the petition filed in this case, which names the proper respondent, should have been filed in Case No. CIV S-09-2550 LKK DAD P. Accordingly, the court will direct the Clerk of the Court to re-file the petition in this case in Case No. CIV S-09-2550 LKK DAD P, docket the petition as an amended petition, and close the instant case.*fn1
Accordingly, IT IS HEREBY ORDERED that:
1. The Clerk of the Court is directed to re-file the petition in this case in Case No. CIV S-09-2550 LKK DAD P. The Clerk of the Court shall docket the petition "Amended Petition; and
2. This action is closed.