IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
January 31, 2011
ANDRE RHODES, PETITIONER,
MIKE MCDONALD, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Gregory G. Hollows United States Magistrate Judge
Petitioner is a state prisoner proceeding on petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On December 20, 2010, petitioner filed a motion in this action seeking relief from a judgment and sentence entered against petitioner in the Sacramento County Superior Court in May 2008. As it appears to challenge the same proceedings as the instant action, petitioner's motion adds nothing to his prior filings. If petitioner intends to challenge a different judgment, he must do so in a separate action. See Fed. Rules Governing Section 2254 Cases, Rule 2(e).
Accordingly, it is HEREBY ORDERED that petitioner's motion for relief from judgment (Doc. #28) is DENIED.
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