Free Order - District Court of California - California

Case 3:08-cv-01574-CRB

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Filed 04/09/2008

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1 2 3 4 IN THE UNITED STATES DISTRICT COURT 5 FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 7 CLIFFORD BRODSKY, 8 Petitioner, 9 vs. 10 B. CURRY, Warden, 11 Respondent. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 On February 29, 2008, petitioner filed a pro se petition for writ of habeas corpus under 28 U.S.C. § 2254 challenging the California Board of Parole Hearings' ("BPH") November 6, 2006 decision to deny him parole. It was assigned civil case number 08-1218 CRB (PR). The court informed petitioner in writing on that same date that the case was deficient because he had not paid the requisite $5.00 filing fee or filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. On March 21, 2008, petitioner filed another pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254 challenging the BPH's November 6, 2006 decision to deny him parole. Petitioner prefaced the petition with a note explaining that he had submitted the petition earlier, but was not sure if it had been filed. The new petition was assigned civil case number 08-1574 CRB (PR) and, as before, the court informed petitioner in writing that the case was deficient because he had not paid the requisite $5.00 filing fee or filed an application to proceed in forma pauperis under 28 U.S.C. § 1915. ) ) ) ) ) ) ) ) ) ) No. C 08-1218 CRB (PR) No. C 08-1574 CRB (PR) ORDER

Case 3:08-cv-01574-CRB

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Filed 04/09/2008

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Petitioner has since paid the requisite filing fee in civil case number 081574 CRB (PR). All future filing with respect to petitioner's habeas challenge to the BPH's November 6, 2006 decision shall be in civil case number 08-1574 CRB (PR) only. The clerk is instructed to close civil case number 08-1218 CRB (PR) as duplicative and improvidently opened. An order on the merits of civil case number 08-1574 CRB (PR) will issue shortly. SO ORDERED. DATED: April 9, 2008 CHARLES R. BREYER United States District Judge

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Case 3:08-cv-01574-CRB

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Filed 04/09/2008

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

CLIFFORD BRODSKY, Plaintiff, v. B. CURRY, Warden, Defendant. /

Case Number: CV08-01218 CRB CV08-01574 CRB CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District Court, Northern District of California. That on April 9, 2008, I SERVED a true and correct copy(ies) of the attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery receptacle located in the Clerk's office.

Clifford Brodsky H-07665 CTF Soledad P.O. Box 689 Soledad, CA 93960-0689 Dated: April 9, 2008 Richard W. Wieking, Clerk By: Barbara Espinoza, Deputy Clerk