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William Cecil Thornton v. Matthew Cate

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 16, 2012

WILLIAM CECIL THORNTON,
PETITIONER,
v.
MATTHEW CATE, SECRETARY,
RESPONDENT.

The opinion of the court was delivered by: Honorable Janis L. Sammartino United States District Judge

ORDER: (1) DENYING REQUEST TO PROCEED IN FORMA PAUPERIS AS MOOT; AND (2) DISMISSING CASE WITHOUT PREJUDICE

Petitioner, a state prisoner proceeding pro se, has submitted a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis.

The instant Petition is not the first Petition for a Writ of Habeas Corpus Petitioner has submitted to this Court challenging his 1987 Tennessee conviction for sexual battery. On January 27, 2011, Petitioner filed in this Court a Petition for Writ of Habeas Corpus in case No. 11cv0190 LAB (JMA). In that petition, Petitioner challenged his conviction in his 1987 Tennessee case as well, arguing that his federal due process and equal protection rights were violated. (See Pet. at 4 in case number 11cv0190 LAB (JMA), Thornton v. Strainer.)

It appears Petitioner is now attempting to challenge his Tennessee conviction on an additional ground in the current Petition. (See Pet. at 6.) Petitioner is advised that if he is attempting to challenge his 1987 Tennessee conviction he must file a motion to amend his petition in case number 11cv0190 LAB (JMA). In light of the above, the Court DENIES Petitioner's request to proceed in forma pauperis as moot, and DISMISSES the case without prejudice.

IT IS SO ORDERED.

20120216

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