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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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FREDERICK BERNARD SAVANNAH,

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Petitioner,

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For the Northern District of California

United States District Court

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v.
PEOPLE OF THE STATE OF
CALIFORNIA,

No. C-11-3634 EMC (pr)

ORDER OF DISMISSAL
(Docket No. 7)

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Respondent.
___________________________________/

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Frederick Bernard Savannah, a prisoner at the Calipatria State Prison, filed a pro se petition

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for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court reviewed the petition, determined

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that it failed to state a claim upon which habeas relief could be granted and ordered Savannah to file

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an amended petition. See Order Of Dismissal With Leave to Amend at 2-3. Savannah then filed a

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"motion to withdraw from the court's order to amend with-out prejudice to exhaust state remedies,"

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which appears to request a dismissal of this action so that he may exhaust state court remedies for

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his claims. Upon due consideration, the motion is GRANTED. (Docket # 7.)

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This action is DISMISSED without prejudice to Savannah filing a new action after he

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exhausts state court remedies. Savannah is cautioned not to file an amended petition in this action

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and not to use the case number for this action because this action is being closed today. When he

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files a new petition, he should put no case number on the first page, and should submit it with the

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$5.00 filing fee or a completed in forma pauperis application. At that time, the Court will give the

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new petition a new case number. Savannah is urged to act swiftly to exhaust his state court remedies

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and immediately file a new federal habeas petition after he receives a decision from the California

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Supreme Court to avoid running afoul of the one-year statute of limitations on the filing of federal

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habeas petitions, 28 U.S.C. § 2244(d).

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This order disposes of Docket No. 7. The Clerk shall close the file.

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IT IS SO ORDERED.

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Dated: October 21, 2011

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_________________________
EDWARD M. CHEN
United States District Judge

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For the Northern District of California

United States District Court

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