Amen v. Colusa County Superior Court

Filing 7

ORDER signed by Magistrate Judge Allison Claire on 8/15/2017 ORDERING Petitioner to file amended petition within 21 days of the service of this order and either 1.) advise the court state court remedies are exhausted or unavailable or 2.) file a motion for stay and abeyance, within 21 days of the service of this order. (Henshaw, R)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEFF AMEN,

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No. 2:17-cv-0717 AC P
Petitioner,

v.

ORDER

COLUSA COUNTY SUPERIOR COURT,
Respondent.

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By order filed June 28, 2017, petitioner’s habeas application was dismissed and he was

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given thirty days to file an amended application. ECF No. 6. He was also ordered to either

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submit a notice that he had exhausted his state court remedies or file a motion for stay under

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Rhines v. Weber, 544 U.S. 269 (2005). Id. Thirty days have now passed and petitioner has not

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filed an amended petition or otherwise responded to the order. Petitioner shall be given one more

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chance to comply with the court’s June 28, 2017 order. Failure to do so will result in this case

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being dismissed without further warning.

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Accordingly, IT IS HEREBY ORDERED that:

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1. Petitioner shall file an amended petition for writ of habeas corpus within twenty-one

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days of service of this order. Any amended petition must bear the case number assigned to this

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action and the title “Amended Petition.”

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2. Within twenty-one days of service of this order, petitioner must either (1) advise the
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court that he has exhausted his state court remedies or that they were unavailable to him or (2) file

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a motion for stay and abeyance under Rhines while he returns to state court to exhaust his state

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court remedies.

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3. Failure to comply with this order will result in the case being dismissed without further
warning.
IT IS SO ORDERED.
DATED: August 15, 2017

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