Gooding v. Third Judicial Dist.
1991 WL 47408
D.Kan.,1991.
March 22, 1991. (Approx. 1 page)

---

United States District Court, D. Kansas.

Ronald R. GOODING, Petitioner,

v.

THIRD JUDICIAL DISTRICT, Respondent.

No. 90-3470-S.

March 22, 1991.

William K. Rork, Topeka, Kan., for petitioner.
Carl A. Gallagher, Attorney General's Office, Topeka, Kan., for respondents.

ORDER

SAFFELS, District Judge.
*1 This case proceeds on a petition for writ of habeas corpus, filed pursuant to 28 U.S.C. § 2254. This court considered the merits of petitioner's claim of double jeopardy, and dismissed the petition in an order dated December 12, 1990. Petitioner filed an appeal with the Tenth Circuit Court of Appeals. Petitioner thereafter filed a motion in the Tenth Circuit to voluntarily dismiss his appeal. In an order dated March 18, 1991, the Tenth Circuit granted the motion, remanded the case to district court, and directed this court to dismiss the petition without prejudice. Because this court has already considered and ruled on the merits of petitioner's double jeopardy claim, and because that decision has not been reviewed or modified by the Tenth Circuit, this court understands the Tenth Circuit's order as allowing petitioner the opportunity to file a petition for writ of habeas corpus in the future which raises issues other than the issue of double jeopardy, and that such a petition would not be construed as an impermissible successive habeas petition. Accordingly,
IT IS ORDERED that the petition is dismissed without prejudice. The clerk of the court is directed to transmit copies of this order to the parties herein, and to the Office of the Attorney General for the State of Kansas.
D.Kan.,1991.
Gooding v. Third Judicial Dist.