Hall v. Diaz

Filing 3

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 06/11/2013. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 6/13/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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VINCENT HALL,

v.

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RALPH M. DIAZ, Warden,
Respondent.

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/

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For the Northern District of California

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United States District Court

ORDER OF DISMISSAL

Petitioner,

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No. C 13-1426 TEH (PR)

On March 29, 2013, Petitioner Vincent Hall, an inmate at

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the California Substance Abuse Treatment Facility and State Prison,

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filed a petition for a writ of habeas corpus pursuant to 28 U.S.C.

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§ 2254.

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April 24, 2013, the Court issued an Order Regarding Mixed Petition

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in which it found that Petitioner had filed a mixed petition

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containing exhausted and unexhausted claims because Petitioner had

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indicated in his petition that one of his claims was unexhausted.

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In the Order, the Court explained to Petitioner that a federal court

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must dismiss a mixed petition and provided him with an opportunity

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to amend the petition by withdrawing the unexhausted claim and

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proceeding only on the exhausted claim, or to dismiss the mixed

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petition and return to federal court with a new petition once all

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claims were exhausted.

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could seek a stay of the petition.

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On the same date, Petitioner paid the $5.00 filing fee.

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The Court also explained that Petitioner

The Court granted Petitioner thirty days from the date of the

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Order to inform the Court how he wished to proceed with his mixed

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petition.

The Court notified Petitioner that failure to respond

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within thirty days would result in the dismissal of the petition

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without prejudice to filing a new petition containing only exhausted

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claims.

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More than thirty days have past and Petitioner has not notified

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the Court how he would like to proceed with his mixed petition nor

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has he communicated with the Court in any manner.

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Therefore, the petition is dismissed without prejudice to
refiling a new petition containing only exhausted claims.

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IT IS SO ORDERED.

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DATED

6/11/2013
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\HC.13\Hall 13-1426 Dis Mixed Pet.wpd

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