Walker v. State of California

Filing 8

ORDER signed by Magistrate Judge Deborah Barnes on 4/17/2017 ORDERING petitioner shall file any amended petition within 30 days. Petitioner is advised that failure to file an amended petition in accordance with the 3/8/2017 order will result in a recommendation that this case be dismissed without prejudice.(Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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AUDWIN J. WALKER,

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Petitioner,

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No. 2:15-cv-2193 DB P

v.

ORDER

STATE OF CALIFORNIA,

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Respondent.

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Petitioner is a state prisoner proceeding pro se and in forma pauperis with a petition for a

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writ of habeas corpus under 28 U.S.C. § 2254. Upon screening, the court found petitioner failed

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to state a potentially cognizable claim and gave petitioner thirty days to file an amended petition

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if he intends to proceed in this court. (Mar. 8, 2017 Order (ECF No. 7).) Thirty days have passed

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and petitioner has not filed an amended petition or otherwise responded to the court’s March 8

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order. Petitioner will be given one more opportunity to amend his petition.
Accordingly, IT IS HEREBY ORDERED that petitioner shall file any amended petition

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within thirty days of service of this order. Petitioner is advised that his failure to file an amended

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petition in accordance with the March 8 order will result in a recommendation that this case be

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dismissed without prejudice. See E.D. Cal. R. 110; Fed. R. Civ. P. 41.

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DATED: April 17, 2017

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/s/ DEBORAH BARNES
UNITED STATES MAGISTRATE JUDGE

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DLB:9
DLB1/prisoner-habeas/walk2193.fta or

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