(HC) Kifah v. On Habeas Corpus ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 IHAB NADHIM KIFAH, Case No. 1:24-cv-01028-CDB 12 Petitioner, ORDER ADMINISTRATIVELY CLOSING INSTANT CASE AS OPENED IN ERROR 13 v. 14 JOHN ZANONI, 15 Respondent. 16 17 Petitioner Ihab Nadhim Kifah (“Petitioner”) is a state pretrial detainee proceeding pro se 18 with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). This action was 19 filed on August 29, 2024. Id. 20 Approximately one month earlier (July 25, 2024), Petitioner filed a nearly identical 21 petition in Kifah v. On Habeas Corpus, Case No. 1:24-cv-00856-JLT-SKO.1 On July 29, 2024, 22 the Honorable United States Magistrate Judge Sheila K. Oberto issued an order granting 23 Petitioner leave to file a motion to amend his petition to name a proper respondent. (Kifah, Doc. 24 3). It appears that the instant petition was filed in response to Judge Oberto’s order given that it 25 names a new respondent but advances virtually identical allegations and claims for relief. 26 Therefore, the instant action is duplicative of the first, and was opened in error. As a result, the 27 1 A court may take judicial notice of court records in another case. United States v. 28 Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004). 1 | Court directs the Clerk of the Court to correct this administrative error by closing the incorrectly 2 | opened new case. 3 Petitioner is informed that he should continue to respond to orders issued in Case No. 4 | 1:24-cv-00856-JLT-SKO regarding his petition for writ of habeas corpus and identify his filings 5 || with that case number. That case remains open at this time and is not affected by this order. 6 | In addition, Petitioner will not be charged the filing fee for this incorrectly opened case. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Clerk of the Court shall ADMINISTRATIVELY CLOSE Case No. 1:24-cv-01028- 9 CDB; and 10 2. The Clerk of the Court shall file in Kifah v. On Habeas Corpus, Case No. 1:24-cv-00856- 11 JLT-SKO the petition (Doc. 1) filed and this order issued in Case No. 1:24-cv-01028- 12 CDB. 13 | IT IS SO ORDERED. Dated: _ September 5, 2024 | ww RR 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28