IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
July 12, 2011
PEOPLE OF THE STATE OF CALIFORNIA, RESPONDENTS.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
Petitioner, a state prisoner proceeding pro se, brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Pending before the court is petitioner's petition for writ of habeas corpus and motion to proceed in forma pauperis, filed on June 27, 2011.
A review of the court's docket, however, reveals that petitioner has another open and active case, 11cv1444, wherein he filed a habeas petition challenging the same conviction on May 27, 2011. In that earlier filed case, petitioner was ordered to file a signed copy of his habeas corpus petition and in forma pauperis application. It appears that the signed copy of his petition and application was erroneously used to open a new case, instead of being filed in the active case.
Accordingly, the Clerk of the Court is directed to take the petition and in forma pauperis application filed in this action and file it in petitioner's previous action, case CIV S-11-1444-KJN-P. This case shall then be closed as opened erroneously.
IT IS SO ORDERED.
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