Barnes v. Hickman

Full title: COREY BARNES, Petitioner, v. RODERICK Q. HICKMAN, Secretary, Respondent

Court: United States District Court, S.D. California

Date published: Feb 3, 2006

Civil No. 06cv0019 IEG (POR) (S.D. Cal. Feb. 3, 2006)

Opinion

Civil No. 06cv0019 IEG (POR).

February 3, 2006

ORDER DISMISSING CASE AS DUPLICATIVE

IRMA GONZALEZ, District Judge

The Court may dismiss a duplicative petition as frivolous if it "merely repeats pending or previously litigated claims." Cato v. United States, 70 F.3d 1103, 1105 n. 2 (9th Cir. 1995) (citations omitted). Here, Petitioner has filed two identical petitions with this Court. On December 12, 2005, Petitioner filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, which was given case number 05cv2258 W (JMA). Petitioner filed a second Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 on January 4, 2006. which was given case number 06cv0019 IEG (POR). The petition in this case repeats the claims that are pending in case number 05cv2258 W (JMA). Accordingly, the Court DISMISSES this case because the Petition in this case is duplicative of that filed in case number 06cv0019 IEG (POR). In addition, the briefing schedule set forth in the Order to Respond issued in this case on January 27, 2006 is hereby VACATED. The Clerk shall close the file.

IT IS SO ORDERED.