Smith v. Lopez
Filing
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ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 10/3/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 10/3/2011)
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*E-Filed 10/3/11*
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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United States District Court
For the Northern District of California
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SAN FRANCISCO DIVISION
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ORDER OF DISMISSAL
Petitioner,
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No. C 11-2147 RS (PR)
JAMES SMITH, aka RASHEED,
v.
C. GIPSON, Warden,
Respondent.
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This is a federal habeas corpus action filed by a pro se state prisoner pursuant to 28
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U.S.C. § 2254. The petition is DISMISSED under Federal Rule of Civil Procedure 41(b) for
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failure to prosecute because petitioner has failed to file an amended petition by the deadline.
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The document he has submitted (Docket No. 10) fails to address the questions raised in the
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Court’s order dismissing the petition with leave to amend (Docket No. 9), and also does not
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constitute an amended petition. The Clerk shall terminate Docket No. 10, enter judgment in
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favor of respondent, and close the file.
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IT IS SO ORDERED.
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DATED: October 3, 2011
RICHARD SEEBORG
United States District Judge
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No. C 11-2147 RS (PR)
ORDER OF DISMISSAL
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