Opinion
No. CV 11-1757-PHX-GMS (LOA)
10-27-2011
John H. King, II, Petitioner, v. Charles Ryan, et al., Respondents.
ORDER
On September 6, 2011, Petitioner John H. King, II, who is confined in the Arizona State Prison Complex-Tucson in Tucson, Arizona, filed a"Motion to Request for Extension of Time to File Petition under 28 U.S.C. § 2254." In a September 8, 2011 Order, the Court denied the Motion and dismissed the case for lack of jurisdiction. In the Order, the Court stated that Petitioner was not prevented from filing a future petition for writ of habeas corpus in this Court. The Clerk of Court entered Judgment on September 8, 2011.
On October 24, 2011, Petitioner filed a Petition Under 28 U.S.C. § 2254 (Doc. 5) and an Application to Proceed In Forma Pauperis (Doc. 6) in this case. This case is closed. Therefore, the Court will deny without prejudice the Petition and Application to Proceed.
In the interests of justice, the Court will direct the Clerk of Court to open a new case and file the § 2254 Petition and Application to Proceed in the new case. Filings related to the § 2254 Petition must bear the new case number.
. . . .
IT IS ORDERED:
(1) Petitioner's Petition Under 28 U.S.C. § 2254 (Doc. 5) and Application to Proceed In Forma Pauperis (Doc. 6) are denied without prejudice.
(2) The Clerk of Court must open a new case and must file the § 2254 Petition (Doc. 5) and Application to Proceed In Forma Pauperis (Doc. 6) in the new case. The new action must be direct assigned pursuant to Local Rule of Civil Procedure 3.5(c). In the new action, the § 2254 Petition and Application to Proceed must reflect a filing date of October 24, 2011. The Clerk of Court must issue a Notice of Assignment for the new case.
G. Murray Snow
United States District Judge