Opinion
Case No. C02-5617 (RJB)FDB
January 24, 2003
ORDER
Petitioner has filed a successive petition for writ of habeas corpus under 28 U.S.C. § 2241, for which he has been directed to the Ninth Circuit for permission to pursue. Plaintiff has also filed a Motion for Order Granting Immediate Release Pending Final Adjudication. This Court being familiar with the evidence and history in this case denies this motion as frivolous.
Petitioner has moved for consolidation of this cause of action with his codefendant Mew's petition for habeas relief, which has now been denied. Petitioner's successive habeas petition has not been certified by the Ninth Circuit. This motion to consolidate is denied.
Petitioner has filed a Motion for Summary Judgment. This motion is patently inappropriate in this context and is, therefore, denied.
NOW, THEREFORE,
IT IS ORDERED:
(1) Petitioner's Motion for Order Granting Immediate Release (Doc. #1) is DENIED;
(2) Petitioner's Motion for Expedited Ruling on Motion for Immediate Release (Doc. #8) is STRICKEN as MOOT;
(3) Petitioner's Motion to Consolidate (Doc. #6) is DENIED;
(4) Petitioner's Motion for Summary Judgment (Doc. #11) is DENIED.