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Luis E. Rodriguez v. Raul Lopez

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION


August 24, 2011

LUIS E. RODRIGUEZ,
PETITIONER,
v.
RAUL LOPEZ,
RESPONDENT.

The opinion of the court was delivered by: R. Gary Klausner United States District Judge

MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE

On August 5, 2011, petitioner filed this petition challenging his 2006 conviction of lewd acts upon a minor. [Petition at 1-2]. This petition challenges the same conviction and presents allegations similar to those made in a separate habeas petition filed on June 28, 2011 in Case No. CV 11-5367-RGK(AJW)].*fn1 Because there is currently another petition pending involving the same petitioner and same subject, the interests of judicial economy and justice are best advanced by requiring that petitioner pursue his claims in a single proceeding. Accordingly, this duplicative case is dismissed without prejudice. Finally, if petitioner intended the numerous exhibits filed in this case to be considered as lodged documents in Case No. CV 11-5367-RGK(AJW), he must file and serve a request that the Court so consider them. Any such request must be filed and served in Case No. CV 11-5367-RGK(AJW).

IT IS SO ORDERED.


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