Smith v. Lopez

Filing 11

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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1 2 *E-Filed 10/3/11* 3 4 5 6 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 United States District Court For the Northern District of California 7 SAN FRANCISCO DIVISION 10 11 14 15 ORDER OF DISMISSAL Petitioner, 12 13 No. C 11-2147 RS (PR) JAMES SMITH, aka RASHEED, v. C. GIPSON, Warden, Respondent. / 16 17 This is a federal habeas corpus action filed by a pro se state prisoner pursuant to 28 18 U.S.C. § 2254. The petition is DISMISSED under Federal Rule of Civil Procedure 41(b) for 19 failure to prosecute because petitioner has failed to file an amended petition by the deadline. 20 The document he has submitted (Docket No. 10) fails to address the questions raised in the 21 Court’s order dismissing the petition with leave to amend (Docket No. 9), and also does not 22 constitute an amended petition. The Clerk shall terminate Docket No. 10, enter judgment in 23 favor of respondent, and close the file. 24 IT IS SO ORDERED. 25 26 DATED: October 3, 2011 RICHARD SEEBORG United States District Judge 27 28 No. C 11-2147 RS (PR) ORDER OF DISMISSAL

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