Harrison v. CDCR, et al.,

Filing 9

ORDER signed by Magistrate Judge Kimberly J. Mueller on 6/3/10 ORDERING that petitioner's 8 Motion to Amend the Petition is granted; petitioner's original habeas petition is DISMISSED; Petitioner is granted 30 days within which to file an amended petition; 7 Recommendation that this action be dismissed is VACATED; Clerk of the Court is directed to send petitioner the courts form application for writ of habeas corpus by state prisoners.. (Dillon, M)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. DIRECTOR OF CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, et al., Respondents. / Petitioner has requested leave to file an amended petition for writ of habeas corpus. Pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, IT IS HEREBY ORDERED that: 1. Petitioner's request for leave to file an amended petition for writ of habeas corpus is granted; 2. Petitioner's original habeas petition is dismissed; 3. Petitioner is granted thirty days within which to file an amended petition on the form to be provided by the Clerk of the Court; ///// 1 ORDER IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARL F. HARRISON, Petitioner, No. CIV S-10-0547 FCD KJM P 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 harr0547.15 4. Petitioner's failure to file an amended petition within thirty days will result in a recommendation that this action be dismissed; 5. The court's May 10, 2010 recommendation that this action be dismissed is vacated; and 6. The Clerk of the Court is directed to send petitioner the court's formapplication for writ of habeas corpus by state prisoners. DATED: June 3, 2010. 2

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