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Aaron P. Stone v. M. Martel

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


June 13, 2011

AARON P. STONE, PETITIONER,
v.
M. MARTEL, ET AL., RESPONDENTS.

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

ORDER

Petitioner is a state prisoner proceeding pro se with this application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. In recent months, petitioner has filed several motions in this action, all denied as meritless. (Doc. #34.) On June 7, 2011, petitioner filed yet another motion to "dismiss" a 2006 judgment by the Sacramento County Superior Court, despite this court's previous admonishment that the only way to achieve this result is to prevail on the merits of his § 2254 action; there are no shortcuts or alternatives such as filing a motion. (Doc. #45.) Similarly, on June 23, 2011, petitioner filed a "motion for relief including relief from custody." (Doc. #51.) The court does not look kindly upon petitioner's latest filings in this vein, which only serve to waste the resources of respondent and this court. These motions will be denied.

Petitioner has also moved to "amend his amended complaint." (Doc. #53.) Because petitioner has already filed one amended petition and respondent has filed a motion to dismiss same, and because petitioner raises no new allegations that warrant amendment, this motion also will be denied.

Accordingly, IT IS HEREBY ORDERED THAT:

1. Petitioner's June 7, 2011 motion to dismiss (Doc. #45) is denied;

2. Petitioner's June 23, 2011 motion for relief including relief from custody (Doc. #51) is denied; and

3. Petitioner's June 30, 2011 motion to amend the amended complaint (Doc. #53) is denied.

20110613

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