Gates

Gates v. Neuschnid

Good Law
United States District Court, Northern District of CaliforniaFebruary 5, 20204:19-cv-07780California432 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA EUREKA DIVISION 7 FREDERICK RENEE GATES, Case No. 19-cv-07780-RMI

Plaintiff,

ORDER DISMISSING PETITION

v. WITH LEAVE TO AMEND

ROBERT NEUSCHNID, Defendant.

13 Petitioner, a California prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner was convicted in San Mateo County, which is in this district, so venue is proper here. See 28 U.S.C. § 2241(d). Petitioner paid the filing fee and consented to the jurisdiction of a Magistrate Judge (see dkts. 1, 2). The court received two petitions. The first (dkt. 1) was sent from outside of prison, and the second (dkt. 3) was sent from the prison where petitioner is incarcerated. While the petitions contain overlapping claims, there are several differences.1 Out of an abundance of caution, the petitions are dismissed with leave to amend. Petitioner should file an amended petition which sets forth each claim on…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.