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Dorthick v. Hamlet

United States District Court, N.D. California
Jun 30, 2003
No. C 03-0365 CRB (PR), (Doc #6) (N.D. Cal. Jun. 30, 2003)

Opinion

No. C 03-0365 CRB (PR), (Doc #6).

June 30, 2003


ORDER OF DISMISSAL


Petitioner, a state prisoner incarcerated at the Correctional Training Facility in Soledad, California, filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the October 29, 2001 decision of the California Board of Prison Terms ("BPT") finding him not suitable for parole. Per order filed on April 9, 2003, the court found that the petition merited an answer and ordered respondent to show cause why a writ of habeas corpus should not be issued. An answer to the order to show cause is due by July 9, 2003.

Petitioner has informed the court in writing that he has retained counsel for the purpose of filing a new state habeas petition challenging a more recent decision of the BPT (i.e., September 24, 2002) again finding him not suitable for parole. Petitioner requests, in the interest of time and judicial economy, and to avoid successive or abusive petitions, that the court stay the instant petition or, alternatively, dismiss it without prejudice. Petitioner's motion (doc #6) is DENIED because the instant petition must be DISMISSED on the ground that the BPT's September 24, 2002 decision has rendered petitioner's instant challenge to the BPT's October 29, 2001 decision moot.

Petitioner is free to file a new petition challenging the BPT's September 24, 2002 decision as soon as he exhausts state judicial remedies, however. The new petition will not be considered a second or successive petition. See Hill v. Alaska, 297 F.3d 895, 898 (9th Cir. 2002).

The clerk shall close the file and enter judgment in accordance with this order.

SO ORDERED.


Summaries of

Dorthick v. Hamlet

United States District Court, N.D. California
Jun 30, 2003
No. C 03-0365 CRB (PR), (Doc #6) (N.D. Cal. Jun. 30, 2003)
Case details for

Dorthick v. Hamlet

Case Details

Full title:MELVIN DORTHICK, Petitioner, v. JAMES HAMLET, Warden, Respondent

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

Date published: Jun 30, 2003

Citations

No. C 03-0365 CRB (PR), (Doc #6) (N.D. Cal. Jun. 30, 2003)