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Duran v. Thomas

August 18, 2010

MIGUEL DURAN, PETITIONER,
v.
WARDEN SEAN THOMAS, RESPONDENT.
MIGUEL DURAN, PETITIONER,
v.
WARDEN BONDISKEY, RESPONDENT.



The opinion of the court was delivered by: RENÉE Marie Bumb United States District Judge

MEMORANDUM OPINION AND ORDER

APPLIES TO BOTH ACTIONS

These matters come before the Court upon Petitioner's submission of:

1. In the action docketed as Civil Action No. 09-2149:

a. Petition for a writ of habeas corpus ("Second Petition"), see Docket Entry No. 1;

b. "Supplemental Brief" to the same ("Brief"), see Docket Entry No. 2;

c. A document titled "Motion for Reconsideration" ("First Motion"),*fn1 see Docket Entry No. 3;

d. Letter requesting subpoena forms ("First Letter"), Docket Entry No. 4;

and

2. In the action docketed as Civil Action No. 09-0294:

a. The same "Motion for Reconsideration" as the one filed in Civil Action No. 10-2149 (i.e., the "First Motion"), see Docket Entry No. 12;

b. Another "Motion for Reconsideration" ("Second Motion"), see Docket Entry No. 14;

c. The same letter requesting subpoena forms as the one filed in Civil Action No. 10-2149 (i.e., the "First Letter"), see Docket Entry No. 13; and

d. Another letter "Requesting a Correction to Motion for Reconsideration" ("Second Letter"), see Docket Entry No. 15;

AND IT APPEARING THAT:

1. On January 19, 2010, Petitioner, a pre-trial detainee, submitted a petition ("First Petition") seeking a writ of habeas corpus. That submission was accompanied by Petitioner's application to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915(a). The Clerk docketed the First Petition, and that docketing gave rise to Civil Action No. 10-0294 ("CV. 294"). The First Petition, as submitted by Petitioner, asserted jurisdiction under 28 U.S.C. § 2254. See CV. 294, Docket Entry No. 1. In addition, Petitioner requested ...


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