Antonioa Smith v. Merced County

Filing 24

ORDER Denying Miscellaneous Motion (Doc. # 23 ), signed by Magistrate Judge Gary S. Austin on 5/5/2010. (Scrivner, E)

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1 2 3 4 5 6 7 8 ANTONIOA SMITH, 9 10 11 12 13 14 Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus 15 pursuant to 28 U.S.C. § 2254. 16 On April 22, 2010, the undersigned issued an order dismissing the petition and directing the 17 Clerk of Court to enter judgment and close the case. Judgment was entered that same date and the 18 case was closed. Also on that same date, Petitioner filed a pleading entitled "Motion for Notice of 19 New Address & 995 motion." It is not entirely clear what Petitioner intended with this motion, but it 20 appears to request that the Court review her claims. As the Court has previously found, however, the 21 instant petition is unexhausted. It has since been dismissed and the case is now closed. Petitioner is 22 advised to seek relief first in the California Supreme Court before presenting her claims here. 23 Accordingly, Petitioner's motion is DENIED. 24 25 IT IS SO ORDERED. 26 Dated: 27 28 U . S . D is t r ic t C o u r t E. D . C a lifo r n ia UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) Petitioner, ) ) v. ) ) MERCED COUNTY, ) ) Respondent. ) ____________________________________) 1:09-CV-01816 GSA HC ORDER DENYING MISCELLANEOUS MOTION [Doc. #23] May 5, 2010 6i0kij /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 1

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