Escalante v. Lewis

Filing 15

ORDER REOPENING ACTION; ORDER DIRECTING PETITIONER TO FILE AN AMENDED PETITION. Amended Complaint due by 12/2/2013. Signed by Judge Richard Seeborg on 10/18/13. (cl, COURT STAFF) (Filed on 10/18/2013) (Additional attachment(s) added on 10/18/2013: # 1 Certificate/Proof of Service) (cl, COURT STAFF).

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*E-Filed 10/18/13*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ANGELO ANTONIO ESCALANTE,

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Petitioner,

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No. C 13-0950 RS (PR)
ORDER REOPENING ACTION;
ORDER DIRECTING PETITIONER
TO FILE AN AMENDED PETITION

v.
G. LEWIS, Warden,
Respondent.
/

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This federal habeas action was dismissed because petitioner failed to pay the filing

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fee. The fee has been paid. Accordingly, the action is REOPENED, and the Clerk shall

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amend the docket accordingly. The judgment (Docket No. 8) and the order of dismissal

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(Docket No. 7) are VACATED.

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Petitioner is directed to file an amended petition on or before December 1, 2013.

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The first amended petition must include the caption and civil case number used in this order

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(13-0950 RS (PR)) and the words FIRST AMENDED PETITION on the first page. Because

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an amended petition completely replaces the previous petitions, petitioner must include in his

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first amended petition all the claims he wishes to present. Failure to file an amended petition

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in accordance with this order will result in dismissal of this action without further notice to

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No. C 13-0950 RS (PR)
ORDER REOPENING ACTION

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petitioner.

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It is petitioner’s responsibility to prosecute this case. He must keep the Court

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informed of any change of address by filing a separate paper with the clerk headed “Notice

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of Change of Address.” He must comply with the Court’s orders in a timely fashion or ask

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for an extension of time to do so. Failure to comply may result in the dismissal of this action

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pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
DATED: October 18, 2013
RICHARD SEEBORG
United States District Judge

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United States District Court
For the Northern District of California

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No. C 13-0950 RS (PR)
ORDER REOPENING ACTION