1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALEX LEONARD AZEVEDO, No. 2:17-cv-0117 KJN P 12 Petitioner, 13 v. ORDER 14 COLUSA COUNTY, 15 Respondent. 16 ALEX LEONARD AZEVEDO, No. 2:18-cv-2690 KJN P 17 Petitioner, 18 v. ORDER 19 THE PEOPLE, 20 Respondent. 21 22 On January 27, 2017, the petition for writ of habeas corpus filed in case No. 2:17-cv-0117 23 KJN was dismissed without prejudice because the case was duplicative of his prior petition filed 24 in No. 2:17-cv-0115 JAM GGH,1 and because petitioner’s state court proceedings were still 25 pending, Younger v. Harris, 401 U.S. 37, 43-54 (1971). On January 25, 2019, petitioner’s request 26 1 In his case No. 2:17-cv-0115 JAM, the court also noted that petitioner’s direct appeal was still 27 pending, and dismissed the habeas action on May 30, 2017, based on petitioner’s failure to exhaust state court remedies. Id. The dismissal was without prejudice to its renewal once 28 petitioner exhausted his state court remedies. 1 | to voluntarily dismiss case No. 18-cv-2690 KJN was granted, and the petition was dismissed 2 | without prejudice. 3 Therefore, both habeas actions are closed. Documents filed by petitioner since the closing 4 | date will be disregarded and no orders will issue in response to future filings. If petitioner wishes 5 | to challenge a state court conviction in federal court, he must file a new habeas action.” 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Documents filed by petitioner since the closing date will be disregarded and no orders 8 | will issue in response to future filings; and 9 2. The Clerk of the Court is directed to send petitioner the forms for filing a petition for 10 | writ of habeas corpus and an application to proceed in forma pauperis by a prisoner. 11 | Dated: December 3, 2019 Al Norra 13 EKENDALLJ. WEA UNITED STATES MAGISTRATE JUDGE 14 /azevO117.158 15 16 17 18 19 20 21 22 23 24 25 | 2 Petitioner is cautioned that the habeas corpus statute imposes a one year statute of limitations 26 | for filing non-capital habeas corpus petitions in federal court. In most cases, the one year period will start to run on the date on which the state court judgment became final by the conclusion of 27 | direct review or the expiration of time for seeking direct review, although the statute of limitations is tolled while a properly filed application for state post-conviction or other collateral 28 | review is pending. 28 U.S.C. § 2244(d).