(HC) Kifah v. On Habeas Corpus

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA IHAB NADHIM KIFAH, Case No. 1:24-cv-01028-CDB 12 Petitioner, ORDER ADMINISTRATIVELY CLOSING INSTANT CASE AS OPENED IN ERROR 13 v. JOHN ZANONI, 15 Respondent.

17 Petitioner Ihab Nadhim Kifah (“Petitioner”) is a state pretrial detainee proceeding pro se with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. (Doc. 1). This action was filed on August 29, 2024. Id. 20 Approximately one month earlier (July 25, 2024), Petitioner filed a nearly identical petition in Kifah v. On Habeas Corpus, Case No. 1:24-cv-00856-JLT-SKO.1 On July 29, 2024, the Honorable United States Magistrate Judge Sheila K. Oberto issued an order granting Petitioner leave to file a motion to amend his petition to name a proper respondent. (Kifah, Doc.

24 3). It appears that the instant petition was filed in response to Judge Oberto’s order given that it names a new respondent but advances virtually identical allegations and claims for relief.

26 Therefore, the instant action is duplicative of the first, and was opened in error. As a result, the A court may take judicial notice of court records in another case. United States v. 28 Howard, 381 F.3d 873, 876 n.1 (9th Cir. 2004).

1 | Court directs the Clerk of the Court to correct this administrative error by closing the incorrectly | opened new case.

3 Petitioner is informed that he should continue to respond to orders issued in Case No. | 1:24-cv-00856-JLT-SKO regarding his petition for writ of habeas corpus and identify his filings || with that case number. That case remains open at this time and is not affected by this order.

6 | In addition, Petitioner will not be charged the filing fee for this incorrectly opened case.

7 Accordingly, IT IS HEREBY ORDERED that: 8 1. The Clerk of the Court shall ADMINISTRATIVELY CLOSE Case No. 1:24-cv-01028- 9 CDB; and 10 2. The Clerk of the Court shall file in Kifah v. On Habeas Corpus, Case No. 1:24-cv-00856- 11 JLT-SKO the petition (Doc. 1) filed and this order issued in Case No. 1:24-cv-01028- 12 CDB.

13 | IT IS SO ORDERED.

Dated: _ September 5, 2024 | ww RR 15 UNITED STATES MAGISTRATE JUDGE