(HC) Pollard v. Parole, No. 2:2010cv03103 - Document 4 (E.D. Cal. 2010)

Court Description: ORDER signed by Magistrate Judge Kendall J. Newman on 12/2/10 ORDERING that Clerk of the Court shall file the instant petition and application to proceed in forma pauperis (Dkt. Nos. 1 & 2 ), in Case No. 2:10-cv-2545 GEB KJN P. The October 7, 2010 findings and recommendations issued in Case No. 2:10- cv- 2545 GEB KJN P are vacated. Clerk of the Court shall close Case No. 2:10-cv- 3103 KJN P. CASE CLOSED. (Dillon, M)
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(HC) Pollard v. Parole Doc. 4 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH B. POLLARD, 11 12 13 Petitioner, vs. COLE, RDPD, 14 Respondent. 15 16 / KENNETH B. POLLARD, 17 18 19 20 21 22 No. 2:10-cv-2545 GEB KJN P Petitioner, No. 2:10-cv-3103 KJN P vs. PAROLE, RDPD Redding, et al., Respondents. ORDER / Petitioner is a state prisoner proceeding without counsel. On November 17, 2010, 23 petitioner filed a petition for writ of habeas corpus, which was opened as a new case, Case No. 24 2:10-cv-3103 KJN P. However, a review of court records indicates that petitioner previously 25 filed a letter, construed as a petition for writ of habeas corpus, raising similar allegations. See 26 1 Dockets.Justia.com 1 Case No. 2:10-cv-2545 GEB KJN P.1 By order filed September 29, 2010, in Case No. 2:10-cv- 2 2545, petitioner was directed to file an application for writ of habeas corpus, and an application 3 to proceed in forma pauperis. (Id., Dkt. No. 3.) Petitioner’s copy of the order was returned as 4 undeliverable. (Id., Dkt. No. 4.) On October 7, 2010, findings and recommendations issued 5 recommending that Case No. 2:10-cv-2545 be dismissed for petitioner’s failure to keep the court 6 apprised of his current address. On October 18, 2010, petitioner’s copy of the findings and 7 recommendations was also returned as undeliverable. 8 Petitioner was incarcerated at High Desert State Prison when he filed Case No. 9 2:10-cv-2545, as well as when he filed Case No. 2:10-cv-3103. It is unclear from the docket 10 sheet why petitioner’s copies of the order and findings and recommendations were returned as 11 undeliverable. Good cause appearing, the findings and recommendations will be vacated. 12 In light of the above, it appears the instant action was opened in error, as the 13 petition and application to proceed in forma pauperis should have been filed in Case No. 2:10-cv- 14 2545 GEB KJN P. Petitioner is cautioned that all future filings should contain the case number 15 2:10-cv-2545 GEB KJN P. 16 Accordingly, IT IS HEREBY ORDERED that: 17 1. The Clerk of the Court shall file the instant petition and application to proceed 18 in forma pauperis (Dkt. Nos. 1 & 2), in Case No. 2:10-cv-2545 GEB KJN P. 19 20 2. The October 7, 2010 findings and recommendations issued in Case No. 2:10cv-2545 GEB KJN P are vacated. 21 22 3. The Clerk of the Court shall close Case No. 2:10-cv-3103 KJN P. DATED: December 2, 2010 _____________________________________ KENDALL J. NEWMAN UNITED STATES MAGISTRATE JUDGE 23 24 poll3103.clo 25 1 26 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986). 2