Opinion
S204545
01-16-2019
LINDBERG (GUNNER JAY) ON H.C.
Order filed
On the court's own motion, the court has reconsidered its January 23, 2013, order in In re Lindberg, case number S173896, denying petitioner's “Motion to Amend First Amended Petition for Writ of Habeas Corpus,” filed on October 22, 2012. The motion is hereby granted. The Clerk is directed to close In re Lindberg, case number S204545, and refile all documents filed in that case in In re Lindberg, case number S173896. The petition filed in S204545 on August 3, 2012, will be filed as the second amended petition in S173896. In issuing this order, the court has not considered whether any aspect of the second amended petition “will not be barred as successive insofar as petitioner can demonstrate that under all the circumstances, including considerations of federal law, the petition's allegations could not with reasonable diligence have been presented in the First Amended Petition,” as provided in this court's November 10, 2010, order.
Pursuant to the court's October 10, 2018, order in S173896, the second amended petition and all related filings and matters are transferred to the Superior Court of California, County of Orange, pursuant to Penal Code section 1509, subdivision (g).
Petitioner's “Motion for Transfer and Consolidation, or in the Alternative, For Stay of Proceedings,” filed in S204545 on November 19, 2018, is denied as moot.
Pending further order of the court, this court retains jurisdiction over all matters concerning the appointment of counsel for petitioner.