Stone v. Spearman ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 ALFRED DURELL STONE, Case No. 19-cv-06762-WHO (PR) Petitioner, 12 ORDER ADMINISTRATIVELY v. 13 CLOSING ACTION 14 M.E. SPEARMAN, Respondent. 15 16 17 This federal habeas action was opened in error and will be administratively closed. 18 Though the petition was sent to this Court’s address, it was clearly meant to be filed in the 19 state appellate court: the state’s habeas form was used; the caption reads “First Appellate 20 District”; the envelope’s addressee is “First Appellate District”; and he appends a copy of a 21 2019 state superior court denial of his state habeas petition, which indicates he means to 22 contest in state appellate court the validity of a lower state court decision. 23 The Clerk shall cross-out the United States court number and mail a copy of the 24 petition to the First Appellate District of the California Court of Appeal. 25 If petitioner wishes to file a federal habeas petition, he must use this Court’s habeas 26 petition form and make it clear he wishes to proceed in federal court. Petitioner is warned 27 that a federal habeas court cannot adjudicate his claims until after they have been 1 || a fair opportunity to rule on the merits of each and every claim petitioner wishes to raise in 2 || federal court. See 28 U.S.C. § 2254(b), (c); Rose v. Lundy, 455 U.S. 509, 515-16 (1982). 3 The Clerk shall ADMINISTRATIVELY CLOSE this action and terminate all 4 || pending motions. No filing fee is due. 5 IT IS SO ORDERED. 6 Dated: December 6, 2019 . 7 ® LLIAM H. ORRICK 8 United States District Judge 9 10 11 a 12 13 © 15 16 Z 18 19 20 21 22 23 24 25 26 27 28