Antonio 257220 v. Thornell

1 JL WO 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA Jack Donald Antonio, No. CV-24-08140-PCT-JAT (MTM) 10 Petitioner, v. ORDER Ryan Thornell, et al., 13 Respondents.

15 Petitioner Jack Donald Antonio, who is confined in the Arizona State Prison Complex-Yuma, has filed a pro se Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. Petitioner challenges his continued detention pursuant to his conviction in Navajo County Superior Court case #CR20080146. On February 25, 2024, Petitioner filed, through counsel, a § 2254 Petition in this Court, which also challenged Petitioner’s continued detention pursuant to his conviction in CR20080146. See Antonio v. Thornell, CV-24-08037-PCT-JAT (MTM) (D. Ariz. 2024). That proceeding remains pending.

22 Petitioner cannot maintain simultaneous § 2254 actions regarding the same conviction.

23 The Court will therefore dismiss the Petition and this case.

24 IT IS ORDERED: 25 (1) Petitioner’s Petition for Writ of Habeas Corpus (Doc. 1) and this action are dismissed without prejudice, and the Clerk of Court must enter judgment accordingly.

27 (2) Pursuant to Rule 11(a) of the Rules Governing Section 2254 Cases, in the event Petitioner files an appeal, the Court declines to issue a certificate of appealability | because reasonable jurists would not find the Court’s procedural ruling debatable. See 2| Slack vy. McDaniel, 529 U.S. 473, 484 (2000).

3 Dated this 20th day of August, 2024.

5 ' ° 7 = James A. C rg Senior United States District Judge -2-