James B. Culpepper v. Derryl E. Adams
| James B Culpepper |
| Derryl E Adams |
| 5:2009cv01909 |
| October 13, 2009 |
| US District Court for the Central District of California |
| Eastern Division - Riverside Office |
| Riverside |
| Abrams |
| Otero |
| Other |
| 28 U.S.C. ยง 2254 Petition for Writ of Habeas Corpus (State) |
| None |
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Filing
14
JUDGMENT by Judge S. James Otero. Pursuant to the order adopting the magistrate judge's report and recommendation 13 , IT IS ADJUDGED that the petition in this matter is DENIED and DISMISSED WITHOUT PREJUDICE (MD JS-6, Case Terminated). (ch)
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Filing
4
AMENDED ORDER TO SHOW CAUSE RE: DISMISSAL OF SUCCESSIVE PETITION by Magistrate Judge Paul L. Abrams. Petitioner is ordered to show cause why the Petition should not be dismissed as successive. Specifically, petitioner must submit to the Court on or before November 16, 2009, documentation showing that, pursuant to 28 U.S.C. § 2244(b)(3)(A), he filed a motion in the Ninth Circuit for an order authorizing the District Court to consider a successive petition, and that the Ninth Circuit has is sued such an order. Failure to provide the required documentation by November 16, 2009, will result in the Petition being dismissed without prejudice. See Reyes v. Vaughn, 276 F.Supp.2d 1027, 1029-30 (C.D. Cal. 2003) (dismissing successive petition without prejudice to petitioners right to seek authorization from the Ninth Circuit). **SEE ORDER FOR DETAILS.** (ch)
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Filing
3
ORDER TO SHOW CAUSE RE: DISMISSAL OF SUCCESSIVE PETITION by Magistrate Judge Paul L. Abrams. Petitioner must submit to the Court ON OR BEFORE NOVEMBER 6, 2009, documentation showing that, pursuant to 28 U.S.C. § 2244(b)(3)(A), he filed a motion in the Ninth Circuit for an order authorizing the District Court to consider a successive petition, and that the Ninth Circuit has issued such an order. Failure to provide the required documentation by November 6, 2009, will result in the Petition being dismissed without prejudice. **See Order for details.** (ch)
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| Plaintiff: James B Culpepper | |
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| Respondent: Derryl E Adams | |
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