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Kenneth B. Pollard v. Parole

February 11, 2011

KENNETH B. POLLARD, PETITIONER,
v.
PAROLE, RDPD REDDING, ET AL., RESPONDENTS.



The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Petitioner is a state prisoner proceeding without counsel. On February 7, 2011, petitioner filed a motion to reopen the instant action. However, on December 6, 2010, the court found the instant action was opened in error as the proposed petition should have been filed in Case No. 2:10-cv-2545 GEB KJN P.*fn1 The proposed petition was transferred to the proper case, and the instant action was closed. (Id., Dkt. No. 22.) Accordingly, petitioner's request to reopen the instant action is improperly filed in this action, and the request is denied. Moreover, on January 18, 2011, petitioner's application for writ of habeas corpus filed in Case No. 2:10-cv-2545 GEB KJN P, was dismissed based on petitioner's failure to exhaust state court remedies. (Id., Dkt. No. 22.) Petitioner's recent filing does not demonstrate exhaustion. Therefore, the undersigned will not transfer petitioner's filing to Case No. 2:10-cv-2545 GEB KJN P.

Accordingly, IT IS HEREBY ORDERED that petitioner's February 7, 2011 motion to reopen the instant action (dkt. no. 7) is denied. The court will not respond to ...


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