McKinney v. Hedepeth

Filing 7

ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 5/20/2014. (Attachments: # 1 Certificate/Proof of Service)(lsS, COURT STAFF) (Filed on 5/20/2014)

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UNITED STATES DISTRICT COURT

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Northern District of California

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San Francisco Division

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For the Northern District of California

UNITED STATES DISTRICT COURT

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ALONZO McKINNEY,

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Petitioner,
v.

ORDER OF DISMISSAL
[Re: ECF No. 1]

HEDGPETH, Warden,

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No. C 14-864 LB

Respondent.
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Petitioner filed this pro se action for a writ of habeas corpus under 28 U.S.C. § 2254 to challenge
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a conviction from Monterey County Superior Court. The court reviewed the petition, determined
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that it did not state a claim upon which habeas relief could be granted, and dismissed it with leave to
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file an amended petition no later than May 2, 2014. See ECF No. 6. Petitioner did not file an
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amended petition, and the deadline by which to do so has passed. Accordingly, this action is
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dismissed for failure to state a claim upon which relief may be granted. This dismissal is without
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prejudice to petitioner filing a new action for writ of habeas corpus if he ever is able to state his legal
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claims and describe the facts in support of those claims. Petitioner is cautioned to act diligently
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because there is a one-year statute of limitations for the filing of a federal petition for writ of habeas
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corpus. See 28 U.S.C. § 2244(d).
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C 14-864 LB
ORDER

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The clerk shall close the file.

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IT IS SO ORDERED.

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Dated: May 20, 2014
_______________________________
LAUREL BEELER
United States Magistrate Judge

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For the Northern District of California

UNITED STATES DISTRICT COURT

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C 14-864 LB
ORDER

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