Unknown
Christian Diaz v. Unknown
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…