Garcia v. Swarthout

Filing 11

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 07/23/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 7/24/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C-11-1188 TEH (PR)

ROBERT ROY GARCIA,

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Petitioner,

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v.

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ORDER OF DISMISSAL

GARY SWARTHOUT, Warden,

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Respondent.

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/

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Petitioner has filed a pro se Petition for a Writ of

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Habeas Corpus under 28 U.S.C. § 2254 challenging a judgment of

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conviction from Sonoma County Superior Court.

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failed to sign this instant Petition as required by Rule 2 of the

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Rules Governing Section 2254 Cases and by 28 U.S.C. § 2242.

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Doc. #1.

Petitioner

On February 1, 2012, the Court issued an order directing

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Respondent to show cause with a writ of habeas corpus should not be

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granted.

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Petitioner to file a signed signature page for his Petition by

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February 24, 2012.

A copy of the order was mailed to Petitioner’s

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address of record:

CSP-Solano, P.O. Box 4000, Vacaville CA 95696.

Doc. #6.

In this order, the Court also directed

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Another copy of the order was mailed to the return address listed on

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Petitioner’s last communication with the Court: 954 Baxter Avenue,

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Sonoma CA 95476.

Both orders were returned as undeliverable.

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Doc. ## 7 and 8.

It appears that California State Prison - Solano

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forwarded the order to the Santa Rosa Parole Units 1, 2, and the

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order was returned by the Santa Rosa Parole Unit as “Unable to

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Forward.”

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United States District Court
For the Northern District of California

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See

Doc. #8.
Over five months have passed since the Court-ordered

deadline for filing the signature page, and Petitioner still has not
complied with the Court’s order.1

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The Court is without jurisdiction to consider the instant

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Petition because it was not signed and verified by Petitioner as

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required by Rule 2 of the Rules Governing Section 2254 Cases and by

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28 U.S.C. § 2242.

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Clerk is directed to terminate any pending motions as moot and close

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the file.

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Accordingly, this Petition is DISMISSED.

The

IT IS SO ORDERED.

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DATED

07/23/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.11\Garcia-11-1188-dsm.wpd

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Petitioner has not communicated with the Court since December
2011. He has not responded to the Respondent’s Motion to Dismiss
(filed in March 2012), or to the Court’s June 2012 order directing him
to file a notice of intent to prosecute and to provide the Court with
his current address.
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