Tolden

1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DELANO JAMES TOLDEN, Case No. 23-cv-03171-AMO (PR)

9 Petitioner,

ORDER OF DISMISSAL

v. 10

11 U.S. DISTRICT COURT FOR THE

NORTHERN DISTRICT OF

12 CALIFORNIA, Respondent. 13 14 This suit was reassigned from a magistrate judge to the undersigned in light of a recent 15 Ninth Circuit decision.1 Petitioner Delano James Tolden, a state prisoner, filed this pro se petition 16 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has also filed motions for leave to 17 proceed in forma pauperis. Dkts. 7, 12. 18 Tolden has a pending habeas action with this Court in Case No. 23-cv-02449-AMO (PR), 19 challenging the same conviction and raising the same claims as in the instant petition. See Dkt. 7 20 in Case No. 23-cv-02449-AMO (PR). 21 Accordingly, the instant petition is DISMISSED as a duplicate petition to Case No. 23-cv- 22 02449-AMO (PR). The Court has reviewed Tolden’s claims and issued an order to show cause in 23 Case No. 23-cv-02449-AMO (PR). See Dkt. 11 in Case No. 23-cv-02449-AMO…