Peters v. United States Marshal

Filing 9

ORDER DISMISSING CASE. Signed by Judge William Alsup on 1/25/12. (Attachments: # 1 Certificate of Service)(dt, COURT STAFF) (Filed on 1/26/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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DALE CHRISTIAN PETERS,

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No. C 11-5824 WHA (PR)

Petitioner,

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For the Northern District of California

United States District Court

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ORDER OF DISMISSAL

v.
UNITED STATES MARSHAL,
Respondent.
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Petitioner filed this pro se habeas corpus petition pursuant to 28 U.S.C. 2241. Because

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petitioner signed neither the petition nor the “addendum” to the petition, as required by Rule 11

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of the Federal Rules of Civil Procedure, on December 20, 2011, the petition was dismissed with

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leave to file a signed amended petition within thirty days. He was cautioned that his failure to

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do so would result in the dismissal of this case. More than thirty days have passed and no

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response has been received from petitioner.

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A person named John Merriman, who claims to be a friend of petitioner’s and who is not

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a lawyer, filed an affidavit and exhibit in response to the order of December 20, 2011. These

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papers are largely incomprehensible, but they appear to describe difficulties Mr. Merriman has

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had in contacting petitioner. Mr. Merriman filed the original petition and its associated papers,

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has filed virtually all of the papers in this case, and the only address provided for petitioner

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appears to be Mr. Merriman’s. In the order directing petitioner to file a signed petition,

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petitioner was instructed that a non-attorney may not represent petitioner, nor may he or she file

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or sign his papers on his behalf. Thus, the affidavit and exhibit filed by Mr. Merriman in

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response to the order of December 20, 2011, cannot be considered.

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As petitioner has not filed a signed amended petition or otherwise responded to the order

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of December 20, 2011, in a timely fashion and in accordance with that order, the instant petition

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is DISMISSED without prejudice to filing a petition signed by petitioner or an attorney

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representing him. See Fed. R. Civ. P. 11(a).

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The clerk shall enter judgment and close the file.

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IT IS SO ORDERED.

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Dated: January

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, 2012.

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For the Northern District of California

United States District Court

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WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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G:\PRO-SE\WHA\HC.11\PETERS5824.DSM.wpd

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