Marcos Reyes Martinez v. McDonald
Filing
3
MINUTE ORDER IN CHAMBERS by Judge Josephine Staton Tucker: Petitioner's MOTION for Extension of Time to File 2254 State Habeas Corpus 1 is denied, and the action is dismissed as duplicative of case number CV-11-05789. As in the latter case, the Court DENIES a Certificate of Appealability. (See document for details). Case Terminated. Made JS-6. (ib)
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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES - GENERAL
Case No.
CV 11-05615 JST (RZ)
Title
MARCOS REYES MARTINEZ v. McDONALD, WARDEN
Present: The Honorable
Date
September 2, 2011
JOSEPHINE STATON TUCKER, U.S. DISTRICT JUDGE
Ellen Matheson
N/A
Deputy Clerk
Court Reporter / Recorder
Attorneys Present for Petitioner:
Attorneys Present for Respondent:
N/A
N/A
Proceedings:
(In Chambers)
SUMMARY DISMISSAL OF ACTION AS DUPLICATIVE
The Court will dismiss this action summarily, for it is a duplicate of another case that itself
has been summarily dismissed. The following short chronology explains matters.
On July 8, 2011, the Court received Petitioner’s motion for an extension of time to
commence a habeas action. Although no habeas petition yet had been filed, the Clerk opened the
above-captioned case and number for reference purposes.
On July 14, the Court received a habeas petition from Petitioner. Because the petition bore
no case number – Petitioner could not have included a number, for he had not received it from the
Clerk at the time he mailed his petition – the Clerk opened another new case, namely number CV
11-05789 JST (RZ). Although two separate cases were opened, they are really the same single case.
On July 28, the Court dismissed case CV 11-05789 summarily, explaining that Petitioner
indicated in his petition that he has a pending state-court challenge to his conviction or sentence.
That leaves this vestigial action, consisting only of Petitioner’s motion to extend time. The
motion is DENIED, and this action is DISMISSED as duplicative of case number CV 11-05789.
As in the latter case, the Court DENIES a Certificate of Appealability.
IT IS SO ORDERED.
:
Initials of Preparer
CV-90 (06/04)
CIVIL MINUTES - GENERAL
igb
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