Unknown

Christian Diaz v. Unknown

Good Law
United States District Court, Central District of CaliforniaFebruary 12, 20205:19-cv-01441California1,664 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHRISTIAN DIAZ, Case No. 5:19-cv-01441-PA (GJS) Petitioner

ORDER: DISMISSING

v. DUPLICATIVE ACTION; AND

DENYING A CERTIFICATE OF

SCOTT FRAUENHEIM, APPEALABILITY Respondent. 16 On July 31, 2019, the Clerk’s Office filed a 28 U.S.C. § 2254 habeas petition submitted by Petitioner and assigned it Case No. 5:19-cv-01408-PA (MAA) (the “First-Filed Action”). The petition in the First-Filed Action indicated that Petitioner had submitted it to prison authorities for mailing on July 24, 2019, and that the Clerk’s Office had received it on July 29, 2019. On July 24, 2019, by separate envelope, Petitioner mailed a copy of the First- Filed Action petition to this District, which the Clerk’s Office also received on July 29, 2019. Rather than treat this mailing as an extra copy of the petition already filed in the First-Filed Action, the Clerk’s Office initiated a separate, new action and assigned it Case No. 5:19-cv-01415-PA (GJS) (“Second-Filed…

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