Burnell v. Kirkland Doc.

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Case 3:06-cv-04315-JSW Document 3 Filed 07/31/2006 Page 1 of 2

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JOE BABY BURNELL, ) No. C 06-4315 JSW (PR)
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Petitioner, ) ORDER DISMISSING STATE
12 ) HABEAS PETITION AS
vs. ) IMPROPERLY FILED IN THIS
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R. KIRKLAND, WARDEN, )
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Respondent. )
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17 Petitioner, a state prisoner incarcerated at Pelican Bay State Prison
18 in Crescent City, California, filed a pro se petition for a writ of habeas corpus in this
19 Court on January 14, 2006. However, the header on the petition identifies the court
20 which Petitioner intended to file it in as the California Supreme Court. Petitioner has
21 attached an order from the Orange County Superior Court dated June 21, 2006 in which
22 Petitioner appears to have raised the same claims. Moreover, this Court has checked the
23 docket of the California Appellate Courts1 and no habeas petitions from Petitioner have
24 been filed in the California Court of Appeal or the California Supreme Court subsequent
25 to June 21, 2006. As such, it is apparent that Petitioner mistakenly filed his petition
26 which was intended for the California state courts in federal court. Accordingly, this
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28 See, www.appellatecases.courtinfo.ca.gov.

Dockets.Justia.com
 Case 3:06-cv-04315-JSW Document 3 Filed 07/31/2006 Page 2 of 2

1 petition is DISMISSED without prejudice.

2 IT IS SO ORDERED.
3 DATED: July 31, 2006
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JEFFREY S. WHITE
5 United States District Judge
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