Ortiz v. Whitaker ( 2020 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CATALINO ORTIZ, Case No. 4:19-cv-00235-KAW 8 Plaintiff, ORDER CLOSING CASE AND DIRECTING THE CLERK OF COURT 9 Vv. TO FILE PETITION IN CRIMINAL 10 MATTHEW WHITAKER, CASE 11 Defendant. Re: DKt Now 12 5 13 On January 11, 2019, Petitioner Catalino Ortiz filed a petition for writ of error coram S 14 || nobis. (Dkt. No. 1.) Counsel erroneously e-filed the petition as a habeas petition in a separate civil 3 15 action, rather than as a motion in the criminal case. See United States v. Morgan, 346 U.S. 502, a 16 || 505 n.4 (1954) (A writ of error coram nobis “is a step in the criminal case and not, like habeas 3 17 || corpus where relief is sought in a separate case and record, the beginning of a separate civil 18 || proceeding.”) 19 Since the present request was filed as a separate action, the undersigned directs the Clerk 20 || of Court to file a copy of the petition and its exhibits in Petitioner’s criminal case, United States v. 2] Ortiz, Case No. 5:00-MJ-00237. Additionally, once the criminal case is reassigned to an active 22 || magistrate judge, Petitioner is directed to furnish the assigned judge with a chamber’s copy of the 23 petition and its tabbed exhibits. 24 In light of the foregoing, the civil action is hereby CLOSED. 25 IT IS SO ORDERED. 26 Dated: January 14, 2020 28 United States Magistrate Judge