Johnson v. Evans et al

Filing 16

ORDER DISMISSING CASE. Signed by Judge William Alsup on 10/30/08. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 10/31/2008)

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1 2 3 4 5 6 7 8 9 10 CHRISTOPHER JOHNSON, Petitioner, vs. Warden EVANS, Respondent. / No. C 07-5766 WHA (PR) ORDER OF DISMISSAL IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA United States District Court 11 For the Northern District of California 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 This is a habeas case filed pro se by a state prisoner. In the petition, petitioner conceded that issues five and six were not exhausted. He was ordered to show cause why the petition should not be dismissed as mixed. His response was not sufficient to establish that the issues were exhausted, so the petition was dismissed with leave to amend to chose from three possible courses of action: dismissing the petition, amending to delete the unexhausted issues and proceeding with those that were exhausted, or asking for a stay. He was ordered to make the election within thirty days, but has not done so. This case therefore is DISMISSED without prejudice. The clerk shall close the file. IT IS SO ORDERED. Dated: October 30 , 2008. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE G:\PRO-SE\W HA\HC.07\JOHNSON5766.DSM.wpd

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