Allen v. Lewis

Filing 9

ORDER EXTENDING TIME TO AMEND. Signed by Judge Jeffrey S. White on 7/9/12. (jjoS, COURT STAFF) (Filed on 7/9/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY NATHANIEL ALLEN,

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Petitioner,
vs.
G. D. LEWIS, Warden,
Respondent.

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No. C 11-4441 JSW (PR)
ORDER EXTENDING TIME TO
AMEND

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Good cause appearing, Petitioner is granted an extension of time, to and including
August 1, 2012, in which to file either the exhibits referenced in his petition or an

amended petition that sets forth cognizable claims. The exhibits or amended petition
must include the caption and civil case number used in this order, No. C 11-4441 JSW
(PR), and if he files an amended petition, it shall include the words “COURTORDERED FIRST AMENDED PETITION” on the first page. Also, because an
amended petition completely replaces the original petition, see Ferdik v. Bonzelet, 963
F.2d 1258, 1262 (9th Cir. 1992), Petitioner may not incorporate into any amended
petition material from the original petition by reference. Failure to file the exhibits or an
amended petition within the designated time and in accordance with this order will result
in the dismissal of this action without prejudice.
IT IS SO ORDERED.
DATED: July 9, 2012
JEFFREY S. WHITE
United States District Judge

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UNITED STATES DISTRICT COURT

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FOR THE

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NORTHERN DISTRICT OF CALIFORNIA

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TIMOTHY NATHANIEL ALLEN,
Plaintiff,

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Case Number: CV11-04441 JSW
CERTIFICATE OF SERVICE

v.
GREG LEWIS et al,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on July 9, 2012, I SERVED a true and correct copy(ies) of the attached, by placing said
copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by depositing
said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Timothy Nathaniel Allen G-41162
SVSP
P.O. Box 1050
Soledad, CA 93960
Dated: July 9, 2012
Richard W. Wieking, Clerk
By: Jennifer Ottolini, Deputy Clerk