Morales

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

11 ERNESTO VEGA MORALES Case No. 20-CV-02949-LHK 12 Plaintiff,

ORDER TO SHOW CAUSE

13 v. 14 SCOTT FRAUENHEIM, et al., 15 Defendants.

Before the Court are two petitions for a writ of habeas corpus filed by Ernesto Vega Morales (“Petitioner”). First, on March 3, 2020, Petitioner filed a pro se petition for a writ of habeas corpus. See Case No. 20-CV-01567-LHK, ECF No. 1 (“Pro Se Petition”). Then, on April 29, 2020, Petitioner filed a second petition for a writ of habeas corpus through counsel. ECF No. 1 (“Counseled Petition”). Because "[f]ederal courts . . . retain broad powers to prevent duplicative or unnecessary litigation," the Court will not permit petitioner to concurrently pursue two habeas petitions with overlapping claims. Slack v. McDaniel, 529 U.S. 473, 478, 489 (2000) (acknowledging that “vexatious” habeas petitions may be dismissed). Moreover, if the Court were to rule on Petitioner’s Pro Se Petition, his Counseled Petition may be barred unless a court of appeals…