(HC) Barton v. San Joaquin Superior Court ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM RAY BARTON, No. 2:19-cv-2262 CKD P 12 Petitioner, 13 v. ORDER 14 SAN JOAQUIN SUPERIOR COURT, 15 Respondent. 16 17 Petitioner, a state prisoner proceeding pro se, has filed an application for a writ of habeas 18 corpus pursuant to 28 U.S.C. § 2254, together with a request to proceed in forma pauperis. The 19 habeas application appears to challenge petitioner’s 1976 murder convictions from the San 20 Joaquin County Superior Court. ECF No. 1 at 1. As far as the court can discern there is no 21 cognizable claim for relief alleged in the present habeas action. Petitioner merely cites to a 22 decision in his own case from July 3, 2018 and then cites “Rule 4 of the Rules Governing § 2254 23 actions.” ECF No. 1 at 5. 24 The court’s own records reveal that petitioner has a pending habeas action challenging the 25 exact same convictions in Barton v. Beddick, Case No. 2:19-cv-00148-DMC.1 To the extent that 26 this habeas petition is challenging the same 1976 convictions, it is duplicative of Case No. 2:19- 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 28 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 | cv-00148-DMC. The court declines to order this petition to be filed as an amended habeas 2 | petition in Case No. 2:19-cv-00148-DMC because it does not contain any identifiable claims for 3 | relief. Therefore, construing the present application as an amended habeas petition is futile. For 4 | all these reasons, the court will dismiss the petition as duplicative and order this case closed. 5 ACCORDINGLY, IT IS HEREBY ORDERED that: 6 1. Petitioner’s application for federal habeas relief (ECF No. 1) is hereby dismissed as 7 duplicative of No. 2:19-cv-00148-DMC. 8 2. Petitioner’s motion to proceed in forma pauperis (ECF No. 2) is denied as 9 unnecessary. 10 3. The Clerk of Court is directed to close this case. 11 | Dated: November 19, 2019 4 /f / a CAN fr fA. Loree 12 CAROLYN K DELANEY 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 12/bart2262.duplicative.docx 21 22 23 24 25 26 27 28