Savannah v. People of the State of Calfornia

Filing 8

ORDER of Dismissal by Judge Edward M. Chen Granting 7 Petitioner's Motion to Withdraw. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 10/21/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 FREDERICK BERNARD SAVANNAH, 9 Petitioner, 11 For the Northern District of California United States District Court 10 v. PEOPLE OF THE STATE OF CALIFORNIA, No. C-11-3634 EMC (pr) ORDER OF DISMISSAL (Docket No. 7) 12 13 Respondent. ___________________________________/ 14 15 16 Frederick Bernard Savannah, a prisoner at the Calipatria State Prison, filed a pro se petition 17 for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court reviewed the petition, determined 18 that it failed to state a claim upon which habeas relief could be granted and ordered Savannah to file 19 an amended petition. See Order Of Dismissal With Leave to Amend at 2-3. Savannah then filed a 20 "motion to withdraw from the court's order to amend with-out prejudice to exhaust state remedies," 21 which appears to request a dismissal of this action so that he may exhaust state court remedies for 22 his claims. Upon due consideration, the motion is GRANTED. (Docket # 7.) 23 This action is DISMISSED without prejudice to Savannah filing a new action after he 24 exhausts state court remedies. Savannah is cautioned not to file an amended petition in this action 25 and not to use the case number for this action because this action is being closed today. When he 26 files a new petition, he should put no case number on the first page, and should submit it with the 27 $5.00 filing fee or a completed in forma pauperis application. At that time, the Court will give the 28 new petition a new case number. Savannah is urged to act swiftly to exhaust his state court remedies 1 and immediately file a new federal habeas petition after he receives a decision from the California 2 Supreme Court to avoid running afoul of the one-year statute of limitations on the filing of federal 3 habeas petitions, 28 U.S.C. § 2244(d). 4 This order disposes of Docket No. 7. The Clerk shall close the file. 5 6 IT IS SO ORDERED. 7 8 Dated: October 21, 2011 9 _________________________ EDWARD M. CHEN United States District Judge 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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