Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Neuendorf v. Ryan

United States District Court, Ninth Circuit

December 30, 2013

John Calvin Neuendorf, II, Petitioner,
v.
Charles L. Ryan, et al., Respondents.

ORDER

ROBERT C. BROOMFIELD, Senior District Judge.

Petitioner John Calvin Neuendorf, II, who is confined in the Arizona State Prison Complex-Eyman, filed pro se Petition Under 28 U.S.C. ยง 2254 for a Writ of Habeas Corpus by a Person in State Custody and an Application to Proceed In Forma Pauperis. On April 26, 2012, Petitioner filed a Motion for Leave to Amend and on May 4, 2012, Petitioner filed a second Motion for Leave to Amend. In a June 29, 2012 Order, the Court granted the Application to Proceed and granted Petitioner leave to file an amended petition. On July 27, 2012, Petitioner filed an Amended Petition.

On September 10, 2012, the Court dismissed the Amended Petition and this action because Petitioner had not exhausted state court remedies. Judgment was entered on the same date.

Pending before the Court are Petitioner's September 12, 2013 Amended Petition (Doc. 23), September 26, 2013 Application for Leave to Proceed In Forma Pauperis (Doc. 25), October 17, 2013 Motion to Amend (Doc. 26), and December 4, 2013 Motion for Leave to Amend (Doc. 28).

This case is closed. The Court will therefore strike Petitioner's September 12, 2013 Amended Petition and deny as moot the remaining motions. If Petitioner wishes to pursue his habeas claims, he must file a new petition in a new case and must pay the filing fee or file in the new case a complete application to proceed in forma pauperis.

IT IS ORDERED:

(1) The Clerk of Court must strike the September 12, 2013 Amended Petition (Doc. 23).

(2) Petitioner's September 26, 2013 Application to Proceed In Forma Pauperis (Doc. 25) is denied as moot.

(3) Petitioner's October 17, 2013 Motion to Amend (Doc. 26) is denied.

(4) Petitioner's December 4, 2013 Motion for Leave to Amend (Doc. 28) is denied.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.