Evans v. Director of the California Department of Corrections

Full title: ALONZO EVANS, Petitioner, v. DIRECTOR OF THE CALIFORNIA DEPARTMENT OF…

Court: United States District Court, N.D. California

Date published: Sep 1, 2004

No. C 04-2106 MMC (PR) (N.D. Cal. Sep. 1, 2004)

Opinion

No. C 04-2106 MMC (PR).

September 1, 2004

ORDER OF DISMISSAL; INSTRUCTIONS TO CLERK

MAXINE CHESNEY, District Judge

This action consists of various motions filed by Alonzo Evans ("Evans"), a California prisoner, pertaining to his petition for a writ of habeas corpus pending before the undersigned in Case No. 03-2498 MMC (PR). Because Evans did not include the case number of his habeas petition with these motions, the Clerk of the Court opened the above-titled new action and filed the motions therein. A single petition may not proceed in two actions.

Accordingly, the above-titled action is DISMISSED, and the Clerk is directed to file the motions in petitioner's pending habeas case: Case No. 03-2498 MMC (PR).

The Clerk shall close the file and terminate all pending matters.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED the above-titled action is DISMISSED, and the Clerk is directed to file the motions in petitioner's pending habeas case: Case No. 03-2498 MMC (PR).