(HC) Kalso v. Butte County Superior Court, No. 2:2024cv00512 - Document 6 (E.D. Cal. 2024)

Court Description: ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 04/24/24 REASSIGNING case to Judge Dale A. Drozd and Magistrate Judge Carolyn K. Delaney, case number on all future filings shall be 2:24-cv-0512 DAD CKD; and G RANTING 5 Motion to Proceed IFP; and RECOMMENDING that the 1 Petition for Writ of Habeas Corpus be dismissed without prejudice and case be closed. Referred to Judge Dale A. Drozd; Objections to Findings and Recommendations due within 14 days. (Benson, A.)

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(HC) Kalso v. Butte County Superior Court Doc. 6 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ZACHARY LLOYD KALSO, 12 Petitioner, 13 14 No. 2:24-cv-0512 CKD P v. ORDER AND BUTTE COUNTY SUPERIOR COURT, 15 FINDINGS AND RECOMMENDATIONS Respondent. 16 Petitioner has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254, 17 18 together with an application to proceed in forma pauperis. Examination of the in forma pauperis 19 application reveals that petitioner is unable to afford the costs of suit. Accordingly, the 20 application to proceed in forma pauperis will be granted. See 28 U.S.C. § 1915(a). Petitioner challenges his detention at the Butte County Jail. While not entirely clear, it 21 22 appears he challenges the fact that he has been denied bail. Petitioner also challenges his 23 detention in the Butte County Jail in 2:24-cv-0507 DMC. Because it appears that this action is 24 duplicative of the earlier filed action, and because there does not appear to be good cause for 25 permitting petitioner to proceed with two actions, the court will recommend that this action be 26 dismissed. 27 ///// 28 ///// 1 Dockets.Justia.com 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. Petitioner’s motion for leave to proceed in forma pauperis (ECF No. 5) is granted; and 3 2. The Clerk of the Court assign a district court judge to this case. 4 IT IS HEREBY RECOMMENDED that: 5 1. Petitioner’s petition for a writ of habeas corpus be dismissed without prejudice; and 6 2. This case be closed. 7 These findings and recommendations are submitted to the United States District Judge 8 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 9 after being served with these findings and recommendations, petitioner may file written 10 objections with the court. Such a document should be captioned “Objections to Magistrate 11 Judge’s Findings and Recommendations.” In his objections petitioner may address whether a 12 certificate of appealability should issue in the event he files an appeal of the judgment in this 13 case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district court must issue or 14 deny a certificate of appealability when it enters a final order adverse to the applicant). Where, as 15 here, a habeas petition is dismissed on procedural grounds, a certificate of appealability “should 16 issue if the prisoner can show: (1) ‘that jurists of reason would find it debatable whether the 17 district court was correct in its procedural ruling;’ and (2) ‘that jurists of reason would find it 18 debatable whether the petition states a valid claim of the denial of a constitutional right.’” Morris 19 v. Woodford, 229 F.3d 775, 780 (9th Cir. 2000) (quoting Slack v. McDaniel, 529 U.S. 473, 484 20 (2000)). Petitioner is advised that failure to file objections within the specified time may waive 21 the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 Dated: April 24, 2024 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 23 24 25 26 27 28 1 kals0512.dup 2

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