Jiau v. Poole et al

Filing 22

ORDER DENYING MOTIONS FOR RECONSIDERATION 16 17 21 (Illston, Susan) (Filed on 2/8/2013)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 WINIFRED JIAU, 9 Petitioner, 10 ORDER DENYING MOTIONS FOR RECONSIDERATION v. 11 RANDY TEWS, warden, 12 United States District Court For the Northern District of California No. 12-4193 SI (pr) Respondent. / 13 14 The court dismissed this action without prejudice because petitioner had not exhausted 15 her Bureau of Prisons administrative remedies before filing her petition under 28 U.S.C. ยง 2241. 16 Petitioner has moved for reconsideration of the dismissal, arguing that it will be futile to attempt 17 to exhaust administrative remedies. Her motions for reconsideration are DENIED. (Docket # 18 16 and # 21.) As the court explained in the order of dismissal, further development of the record 19 by way of the administrative appeals process would be particularly helpful in this case. 20 Petitioner is reminded that, after she exhausts her administrative remedies, she may file a new 21 action. 22 23 24 25 26 27 28 Petitioner's motion for leave to proceed in forma pauperis on appeal is GRANTED. (Docket # 17.) IT IS SO ORDERED. DATED: February 8, 2013 SUSAN ILLSTON United States District Judge

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