1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 DELANO JAMES TOLDEN, Case No. 23-cv-03171-AMO (PR)

9 Petitioner, ORDER OF DISMISSAL v. 10

11 U.S. DISTRICT COURT FOR THE NORTHERN DISTRICT OF 12 CALIFORNIA, Respondent. 13 14 This suit was reassigned from a magistrate judge to the undersigned in light of a recent 15 Ninth Circuit decision.1 Petitioner Delano James Tolden, a state prisoner, filed this pro se petition 16 for writ of habeas corpus pursuant to

. He has also filed motions for leave to 17 proceed in forma pauperis. Dkts. 7, 12. 18 Tolden has a pending habeas action with this Court in Case No. 23-cv-02449-AMO (PR), 19 challenging the same conviction and raising the same claims as in the instant petition. See Dkt. 7 20 in Case No. 23-cv-02449-AMO (PR). 21 Accordingly, the instant petition is DISMISSED as a duplicate petition to Case No. 23-cv- 22 02449-AMO (PR). The Court has reviewed Tolden’s claims and issued an order to show cause in 23 Case No. 23-cv-02449-AMO (PR). See Dkt. 11 in Case No. 23-cv-02449-AMO (PR). 24 // 25 // 26

27 1 Williams v. King,

(9th Cir. 2017) (holding that magistrate judge lacked 1 Tolden’s motions for leave to proceed in forma pauperis are GRANTED. Dkts. 7, 12. 2 || The Clerk of the Court shall terminate all pending motions and close the file. 3 IT IS SO ORDERED. 4 Dated: Janaury 9, 2024 5 HO - 6 . ARACELI MARTINEZ-OLGUIN 7 United States District Judge 8 9 10 11 12

© 15 16 & = 17

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