(HC) Barton v. California Mens Colony ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM BARTON, No. 2:23-cv-0995 DB P 12 Petitioner, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CALIFORNIA MENS COLONY, 15 Respondent. 16 17 Petitioner, a state prisoner, has filed a form document entitled “Petition for Writ of Habeas 18 Corpus.” In that document, filed here on May 25, 2023, petitioner recites court rules and quotes 19 from court orders. For several reasons, this action should be dismissed. First, petitioner identifies 20 a March 1976 conviction in case no. 27558 in the San Joaquin County Superior Court as the 21 subject of his petition. (See ECF No. 1 at 2.) However, petitioner does not allege any claims for 22 relief. The court must dismiss a petition “[i]f it plainly appears from the petition ... that the 23 petitioner is not entitled to relief.” Rule 4, Rules Governing §2254 Cases. 24 Second, petitioner has a pending habeas corpus petition in this court - Barton v. Gastelo, 25 2:23-cv-0134 DJC DMC. In that action, petitioner also challenges his 1976 conviction in case no. 26 27558 in San Joaquin County. (ECF No. 1 at 2.) While not clear, it seems likely petitioner did 27 not intend to open a new case but sought to file the “petition” in his pending habeas case. Third, 28 even if petitioner did intend to open a new case, the case should be dismissed because it would be 1 | duplicative of petitioner’s challenge to the same conviction and/or sentence in the pending case. 2 | See Donaldson v. Hatton, No. EDCV 17-2242 RGK(JC), 2018 WL 4492404, at *1 (C.D. Cal. 3 | Sept. 17, 2018) (citing Heidinger v. Yates, 2007 WL 1711776 (N.D. Cal. June 13, 2007) and 4 | Smith vy. Louisiana, 2006 WL 1985467 (E.D. La. June 7, 2006)). 5 This court will order the Clerk to file the “petition” filed here in petitioner’s prior habeas 6 | case and will recommend this case be dismissed. 7 Accordingly, the Clerk of the Court is HEREBY ORDERED to: 8 1. File the document entitled “Petition for Writ of Habeas Corpus” (ECF No. 1) in case 9 | no. 2:23-cv-00134 DJC DMC; and 10 2. Randomly assign a district judge to this case. 11 Further, IT IS RECOMMENDED that this case be dismissed. 12 These findings and recommendations will be submitted to the United States District Judge 13 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days 14 | after being served with these findings and recommendations, petitioner may file written 15 | objections with the court. The document should be captioned “Objections to Magistrate Judge's 16 | Findings and Recommendations.” Petitioner is advised that failure to file objections within the 17 | specified time may result in waiver of the right to appeal the district court’s order. Martinez v. 18 | Yist, 951 F.2d 1153 (9th Cir. 1991). 19 | Dated: July 25, 2023 21 ORAH BARNES UNITED STATES MAGISTRATE JUDGE 23 24 | pLB:9 DB prisoner inbox/habeas/R/bart0995..fr 25 26 27 28