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Magallanes v. Unknown

United States District Court, Ninth Circuit, California, E.D. California
Aug 6, 2013
2:12-cv-2371 DAD P (E.D. Cal. Aug. 6, 2013)

Opinion


XAVIER MAGALLANES, Petitioner, v. UNKNOWN, Respondent. No. 2:12-cv-2371 DAD P United States District Court, E.D. California. August 6, 2013

          ORDER

          DALE A. DROZD, Magistrate Judge.

         Petitioner, a state prisoner proceeding pro se, commenced this action on September 17, 2012, by filing a motion for an extension of time to file a petition for writ of habeas corpus. On September 24, 2012, the court granted petitioner thirty days to file a habeas petition and an in forma pauperis affidavit. However, petitioner failed to comply with the court's order or otherwise respond to it. Accordingly, on November 16, 2012, the court dismissed this action without prejudice.

         On July 18, 2013, petitioner filed a petition for writ of habeas corpus, a motion to proceed in forma pauperis, and motion for appointment of counsel. Petitioner is advised that this action is closed. However, in the interest of justice, the court will direct the Clerk of the Court to file petitioner's documents in a new habeas corpus action with a randomly-assigned case number. The court will also direct the Clerk of the Court to generate new case documents to send to petitioner. Petitioner is advised that the court will disregard any further documents he files bearing the case number of this closed action. Rather, any documents filed must reflect the new case number.

         Accordingly, IT IS HEREBY ORDERED that:

         1. The Clerk of the Court is directed to file petitioner's petition for writ of habeas corpus, motion to proceed in forma pauperis, and motion for appointment of counsel (Doc. Nos. 7-10) in a new habeas corpus action with a randomly-assigned case number. The Clerk of the Court is further directed to generate new case documents to send to petitioner; and

         2. The Clerk of the Court shall terminate any pending motions in this case.


Summaries of

Magallanes v. Unknown

United States District Court, Ninth Circuit, California, E.D. California
Aug 6, 2013
2:12-cv-2371 DAD P (E.D. Cal. Aug. 6, 2013)
Case details for

Magallanes v. Unknown

Case Details

Full title:XAVIER MAGALLANES, Petitioner, v. UNKNOWN, Respondent.

Court:United States District Court, Ninth Circuit, California, E.D. California

Date published: Aug 6, 2013

Citations

2:12-cv-2371 DAD P (E.D. Cal. Aug. 6, 2013)