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PATRICK OTIS NELSON, Plaintiff, v. CALIFORNIA DEPARTMENT OF CORRECTIONS, S.C. PECK, D.K. SISTO, SINGH, M. CHIRILA, PICCO, WIFL, K. PANLY, R. KNUDSEN, and JOHN DOES 1-100, Defendants.

ORDER

MARSHA BERZON, Circuit Judge

Plaintiff Patrick Otis Nelson, who is confined in the California State Prison, Solano in Vacaville, CA, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983. (Dkt. #1).

In a previous order, the Court screened Nelson's pro se civil rights complaint pursuant to 28 U.S.C. § 1915A and determined that the allegations in the complaint were sufficient for screening purposes to state a claim against Defendant S.C. Peck under the Eighth Amendment. (Dkt. #6 at 3-5). The Court dismissed Nelson's Fourteenth Amendment claim concerning his 2008 disciplinary proceeding, as Nelson sought only to have his good-time credits reinstated (id. at 5-7), the sole federal remedy for which is a writ of habeas corpus. ( Id. at 7).

On May 25, 2010, Nelson filed a Motion for Leave to File a Petition for Writ of Habeas Corpus concerning his 2008 disciplinary proceeding and resulting forfeiture of good-time credits. (Dkt. #16 at 1). A review of this Court's records reveals, however, that Nelson has already filed a Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 concerning his 2008 disciplinary proceeding and forfeiture of good-time credits. See Petition for Writ of Habeas Corpus, Nelson v. Haviland, No. 2:09-cv-02075-GEB-DAD (E.D. Cal. filed July 29, 2009). That petition is currently pending and became fully briefed as of March 23, 2010. (Dkt. #17). A new habeas petition challenging Nelson's 2008 disciplinary proceeding and forfeiture of good-time credits would therefore be unnecessarily duplicative of his earlier-filed petition.

A court may take judicial notice of its records. United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980).

Accordingly,

IT IS HEREBY ORDERED THAT:

(1) Plaintiff's Motion for Leave to File a § 2254 Habeas Petition (Dkt. #16) is denied.

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NELSON v. CALIFORNIA DEPARTMENT OF CORRECTIONS
(Jun 1, 2010)