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

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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11 CHRISTIAN DIAZ, Case No. 5:19-cv-01441-PA (GJS) 12 Petitioner

ORDER: DISMISSING

13 v. DUPLICATIVE ACTION; AND

DENYING A CERTIFICATE OF

14 SCOTT FRAUENHEIM, APPEALABILITY 15 Respondent. 16 17 On July 31, 2019, the Clerk’s Office filed a 28 U.S.C. § 2254 habeas petition 18 submitted by Petitioner and assigned it Case No. 5:19-cv-01408-PA (MAA) (the 19 “First-Filed Action”). The petition in the First-Filed Action indicated that Petitioner 20 had submitted it to prison authorities for mailing on July 24, 2019, and that the 21 Clerk’s Office had received it on July 29, 2019. 22 On July 24, 2019, by separate envelope, Petitioner mailed a copy of the First- 23 Filed Action petition to this District, which the Clerk’s Office also received on July 24 29, 2019. Rather than treat this mailing as an extra copy of the petition already filed 25 in the First-Filed Action, the Clerk’s Office initiated a separate, new action and 26 assigned it Case No. 5:19-cv-01415-PA (GJS) (“Second-Filed…

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