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Gann v. Gate

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 9, 2012
Civil No. 12cv2387-BEN (BLM) (S.D. Cal. Oct. 9, 2012)

Opinion

Civil No. 12cv2387-BEN (BLM)

10-09-2012

NATHANIEL MARCUS GANN, Petitioner, v. MATTHEW GATE, Secretary, et al., Respondents.


ORDER DISMISSING PETITION

WITHOUT PREJUDICE

Petitioner, a state prisoner proceeding pro se, has submitted a Petition for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, which is duplicative of a Petition he is currently pursuing in this Court. Accordingly, the Court DISMISSES the instant Petition without prejudice to Petitioner to proceed with his claims in his first-filed pending action.

In the instant Petition, Gann challenges his San Diego County Superior Court conviction for murder in case number SCD207862, and the resultant sentence of 25 years to life. (Pet. at 1.) Petitioner already has a petition for habeas corpus pending before this Court in which he challenges the same San Diego Superior Court conviction in case number SCD207862, in which he raises the same claims. (See Gann v. Frieden, et al., So.Dist.Ca.Civil Case No. 1 lcvl418-JAH (WMc)[ECF No. 1].) In that case, Petitioner has filed a Motion for Stay and Abeyance which is currently pending. (Id. [ECF No. 4].) The Court may dismiss a duplicative petition if it "merely repeats pending or previously litigated claims." Cato v. United States, 70 F.3d 1103, 1105 n.2 (9th Cir. 1995) (citations omitted). Because the current Petition merely repeats claims already raised in So.Dist.Ca.Civil Case No. 11cv1418-JAH (WMc), the instant Petition is DISMISSED as duplicative.

CONCLUSION

Based on the foregoing, the instant Petition is DISMISSED as duplicative. The dismissal is without prejudice to Petitioner to proceed with the claims presented in the instant Petition in So.Dist.Ca.Civil Case No. 11cvl418-JAH (WMc).

IT IS SO ORDERED.

_______________

Roger T. Benitez

United States District Judge


Summaries of

Gann v. Gate

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
Oct 9, 2012
Civil No. 12cv2387-BEN (BLM) (S.D. Cal. Oct. 9, 2012)
Case details for

Gann v. Gate

Case Details

Full title:NATHANIEL MARCUS GANN, Petitioner, v. MATTHEW GATE, Secretary, et al.…

Court:UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

Date published: Oct 9, 2012

Citations

Civil No. 12cv2387-BEN (BLM) (S.D. Cal. Oct. 9, 2012)