Williams v. Warden

Full title: PATRICK WILLIAMS, Petitioner, v. WARDEN, Respondent.

Court: United States District Court, Ninth Circuit, California, C.D. California, Eastern Division

Date published: Mar 1, 2011

EDCV 11-0326 RGK (AJW) (C.D. Cal. Mar. 1, 2011)

Opinion

PATRICK WILLIAMS, Petitioner, v. WARDEN, Respondent. No. EDCV 11-0326 RGK (AJW) United States District Court, C.D. California, Eastern Division. March 1, 2011

          MEMORANDUM AND ORDER DISMISSING PETITION WITHOUT PREJUDICE

          R. GARY KLAUSNER, District Judge.

         On February 23, 2011, petitioner filed this petition challenging the use of his juvenile adjudication as a "strike" to enhance his sentence. [Petition at 6-7]. This petition challenges the same conviction and contains allegations similar to and overlapping with those made in a separate habeas petition that is currently pending in this Court. [Case No. EDCV 10-1952-RGK(AJW)].¹ Because there is currently another petition pending involving the same petitioner and same subject, the interests of judicial economy and justice are best advanced by requiring that petitioner pursue his claims in a single proceeding. Accordingly, this duplicative case is dismissed with prejudice.

1 The Court takes judicial notice of the relevant official court files. See Fed.R.Evid. 201; Lee v. City of Los Angeles, 250 F.3d

         IT IS SO ORDERED.