Opinion
No. C 02-3019 VRW (PR), No. C.02-3777 VRW (PR)(Doc#2)
August 12, 2002
ORDER
On June 24, 2002, Walter Howard White filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging a conviction from the Superior Court of the State of California in and for the County of Del Norte. See White v. Lamarque, No C 02-3019 VRW (PR) (ND Cal filed June 24, 2002). The petition contains two claims regarding the shackling of White during trial.
On August 6, 2002, White filed a second pro se petition for a writ of habeas corpus under § 2254 challenging the same state conviction. See White v. Lamarque, No C 02-3777 VRW (PR) (ND Cal filed Aug 6, 2002). This second petition contains a claim regarding prejudicial admission of evidence and a claim regarding instructional error.
All claims pertaining to the same state conviction should be included in a single petition for a writ of habeas corpus under 28 U.S.C. § 2254. The petition for a writ of habeas corpus filed on June 24, 2002 and assigned civil case number C 02-30 19 VRW (PR) accordingly is DISMISSED with leave to amend and file, within 30 days of this order, an amended petition containing all claims for relief. White must use the attached habeas petition form and ensure that it includes the caption used in this order, civil case number C 02-3019 VRW (PR), and the words First Amended Petition for a Writ of Habeas Corpus on the first page. Failure to file a proper amended petition within the designated time will result in the dismissal of the action.
White's request to proceed in forma pauperis in civil case number C 02-3019 VRW (PR) (doc ft 2) is GRANTED. All future filings shall be in civil case number C 02-3019 VRW (PR) only.
The clerk is directed to CLOSE civil case number C 02-3777 VRW (PR), as duplicative, and terminate all pending motions therein as moot.
SO ORDERED.