Christian Diaz v. Scott Frauenheim

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA 10 CHRISTIAN DIAZ, Case No. 5:19-cv-01408-PA-MAA

12 Petitioner,

ORDER DISMISSING PETITION

WITHOUT PREJUDICE

v. 14 SCOTT FRAUENHEIM, Warden, 15 Respondent. 16 17 On July 31, 2019, the Court received and filed Petitioner Christian Diaz’s petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. (“1408 Petition,” ECF No. 1.) On the same date, the Court received in a different envelope and filed a virtually identical copy of the 1408 Petition, which copy was processed as a case- initiating petition separate from the 1408 Petition. See Petition, Diaz v. Frauenheim, No. 5:19-cv-01415-PA-GJS, ECF Nos. 1 to 1-5 (C.D. Cal. filed July 31, 2019) (“1415 Petition”). In other words, these two copies of the same petition began parallel proceedings in two separate cases.1 26 27 1 A subsequent filing from Petitioner, a letter directed to the Clerk of the Court requesting an extension of time, initiated a third case. Request for Extension of On September 20, 2019, Respondent Scott Frauenheim filed a…