Crawford v. Grounds

Filing 8

ORDER DISMISSING CASE. Signed by Judge James Donato on 5/2/14. (lrcS, COURT STAFF) (Filed on 5/2/2014) (Additional attachment(s) added on 5/2/2014: # 1 Certificate/Proof of Service) (lrcS, COURT STAFF).

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OTIS MIGUEL CRAWFORD,

Case No. 14-cv-00958-JD

Plaintiff,
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v.

ORDER OF DISMISSAL

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RANDY GROUNDS,

Re: Dkt. Nos. 1, 2

Defendant.

United States District Court
Northern District of California

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On February 28, 2014, petitioner filed a motion for an extension of time to file a petition of

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writ of habeas corpus and indicated that he was still trying to exhaust his state remedies.

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Petitioner was informed that he must file a petition within twenty-eight days or the case would be

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dismissed. The time period has passed and petitioner has not filed a petition. Petitioner has filed a

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letter stating that he has not had meaningful access to the law library. However, access to the law

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library is not the proper subject of a habeas action. Regardless, it does not appear that petitioner

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has exhausted his state court remedies that is required to file a federal petition. This action is

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dismissed without prejudice and petitioner may re-file his petition when it is ready.
CONCLUSION

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1. The motion for an extension (Docket No. 1) is DENIED.

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2. Leave to proceed in forma pauperis (Docket No. 2) is GRANTED.

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3. This case is DISMISSED without prejudice.

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Because reasonable jurists would not find the result here debatable, a certificate of

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appealability (“COA”) is DENIED. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000)

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(standard for COA). The clerk shall close the file.

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IT IS SO ORDERED.
Dated: May 2, 2014
______________________________________
JAMES DONATO
United States District Judge

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United States District Court
Northern District of California

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14-cv-00958-JD-_dis

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