Godoy v. Grounds

Filing 14

ORDER REOPENING ACTION; ORDER DISMISSING PETITION WITH LEAVE TO AMEND. Signed by Judge Richard Seeborg on 5/7/13. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 5/7/2013)

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*E-Filed 5/7/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ENRIQUE A. GODOY,

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No. C 12-5042 RS (PR)

Petitioner,

ORDER REOPENING ACTION;

v.

ORDER DISMISSING PETITION
WITH LEAVE TO AMEND

RANDY GROUNDS, Warden,
Respondent.
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This federal habeas corpus action was dismissed because petitioner failed to pay the

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filing fee. The fee has now been paid, and petitioner moves for relief from the judgment,

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which the Court construes as a motion to reopen the action (Docket No. 13). So construed, it

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is GRANTED. The action is hereby REOPENED, and the Clerk is directed to amend the

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docket accordingly. The judgment (Docket No. 11), and the order of dismissal (Docket No.

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10) are VACATED. The Clerk shall terminate Docket No. 13.

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The petition, which contains two claims, is DISMISSED with leave to amend.

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Petitioner’s Eighth Amendment claim regarding the conditions of confinement should be

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brought in a civil rights, not a habeas, action. Accordingly, this claim is DISMISSED

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No. C 12-5042 RS (PR)
ORDER REOPENING ACTION

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without prejudice. If petitioner wishes to pursue this claim, he must bring it by way of a civil

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rights action.

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The second claim is DISMISSED with leave to amend. Petitioner claims that

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respondent violated his due process rights in a rules violation report proceeding. It is not

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clear whether petitioner lost time credits because of such proceeding. In his amended

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petition, he must tell the Court whether he lost any time credits and, if he did lose credits,

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how many.

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Petitioner shall file an amended petition addressing the above-listed concerns on
or before June 15, 2013. The amended petition must include the caption and civil case

United States District Court
For the Northern District of California

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number used in this order (12-5042 RS (PR)) and the words AMENDED PETITION on the

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first page. Because an amended petition completely replaces the previous petitions,

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petitioner must include in his first amended petition all the claims he wishes to present,

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including the ineffective assistance of counsel claim found cognizable above. Petitioner may

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not incorporate material from the prior petition by reference. Failure to file an amended

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petition in accordance with this order will result in dismissal of this action with prejudice for

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failure to prosecute under Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED: May 7, 2013
RICHARD SEEBORG
United States District Judge

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No. C 12-5042 RS (PR)
ORDER REOPENING ACTION