(HC) Miller v. Atascadero State Hospital

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

STEPHEN S. MILLER Case No. 1:20-cv-00424-SKO (HC)

Petitioner, ORDER DIRECTING CLERK OF COURT

TO ASSIGN DISTRICT JUDGE

v.

FINDINGS AND RECOMMENDATION

ATASCADERO STATE HOSPITAL, REGARDING DUPLICATIVE PETITION

Respondent. (FOURTEEN-DAY DEADLINE)

16 Petitioner is proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. On March 23, 2020, Petitioner filed the instant petition for writ of habeas corpus in this Court. Petitioner challenges his current sentence of 27 years as ordered by the Orange County Superior Court in 2008. It has come to the Court’s attention that Petitioner is already proceeding with a petition challenging his current sentence in Miller v. Warden of Valley State Prison, Case No. 1:19-cv-1915-JDP (HC). In that case, Petitioner filed a First Amended Petition on March 12, 2020, and the matter is currently awaiting a response from Respondent. “After weighing the equities of the case, the district court may…