Opinion
23-cv-03171-AMO (PR)
01-09-2024
DELANO JAMES TOLDEN, Petitioner, v. U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA, Respondent.
ORDER OF DISMISSAL
Araceli Martinez-Olguin United States District Judge.
This suit was reassigned from a magistrate judge to the undersigned in light of a recent Ninth Circuit decision. Petitioner Delano James Tolden, a state prisoner, filed this pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. He has also filed motions for leave to proceed in forma pauperis. Dkts. 7, 12.
Williams v. King, 875 F.3d 500, 503 (9th Cir. 2017) (holding that magistrate judge lacked jurisdiction to dismiss case on initial screening because unserved defendants had not consented to proceed before magistrate judge).
Tolden has a pending habeas action with this Court in Case No. 23-cv-02449-AMO (PR), challenging the same conviction and raising the same claims as in the instant petition. See Dkt. 7 in Case No. 23-cv-02449-AMO (PR).
Accordingly, the instant petition is DISMISSED as a duplicate petition to Case No. 23-cv-02449-AMO (PR). The Court has reviewed Tolden's claims and issued an order to show cause in Case No. 23-cv-02449-AMO (PR). See Dkt. 11 in Case No. 23-cv-02449-AMO (PR).
Tolden's motions for leave to proceed in forma pauperis are GRANTED. Dkts. 7, 12. The Clerk of the Court shall terminate all pending motions and close the file.
IT IS SO ORDERED.