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Alexander v. People

United States District Court, Ninth Circuit

June 4, 2013

TERRY ALEXANDER, Petitioner,
v.
PEOPLE, Respondent.

REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE

CHARLES F. EICK, Magistrate Judge.

This Report and Recommendation is submitted to the Honorable Stephen V. Wilson, United States District Judge, pursuant to 28 U.S.C. section 636 and General Order 05-07 of the United States District Court for the Central District of California.

PROCEEDINGS

The present Petition, filed March 28, 2013, appears to be substantively identical to the "Petition Under 28 U.S.C. ยง 2254, etc." and accompanying "Petition for Review" filed March 8, 2013, in Alexander v. The People, etc., No. CV 13-1667-SVW(E) ("the prior action"). If Petitioner is entitled to any relief in connection with his claims, this Court can afford such relief in the prior action. Therefore, maintenance of the present, duplicative action would serve no legitimate purpose.

Accordingly, IT IS RECOMMENDED that the Court issue an order: (1) accepting and adopting this Report and Recommendation; and (2) directing that Judgment be entered denying and dismissing the Petition without prejudice.


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