Genoa

Filing 9

ORDER DISMISSING CASE. Signed by Judge James Donato on 11/17/15. (lrcS, COURT STAFF) (Filed on 11/17/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JULIUS DAVID GENOA,

Case No. 15-cv-02459-JD

Petitioner,
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v.

ORDER OF DISMISSAL

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WARDEN,
Respondent.

United States District Court
Northern District of California

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Petitioner, a state prisoner, filed a pro se petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254. The petition was dismissed with leave to amend because it was incomprehensible

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and petitioner was incarcerated at a state hospital in the Central District of California. Though, his

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underlying criminal conviction is from this district. The twenty-eight days to amend has passed

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and petitioner has not filed an amended petition or otherwise communicated with the Court.

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The petition is DISMISSED without prejudice. Because reasonable jurists would not find

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the result here debatable, a certificate of appealability (“COA”) is DENIED. See Slack v.

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McDaniel, 529 U.S. 473, 484-85 (2000) (standard for COA).

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IT IS SO ORDERED.
Dated: November 17, 2015

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________________________
JAMES DONATO
United States District Judge

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JULIUS DAVID GENOA,

Case No. 15-cv-02459-JD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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WARDEN,
Defendant.

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.

United States District Court
Northern District of California

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That on November 17, 2015, I SERVED a true and correct copy(ies) of the attached, by
placing said copy(ies) in a postage paid envelope addressed to the person(s) hereinafter listed, by
depositing said envelope in the U.S. Mail, or by placing said copy(ies) into an inter-office delivery
receptacle located in the Clerk's office.

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Julius David Genoa ID: J-60908
a.k.a. David Gates
DSH-Atascadero
P.O. Box 7001
Atascadero, CA 93423-7001

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Dated: November 17, 2015

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Susan Y. Soong
Clerk, United States District Court

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By:________________________
LISA R. CLARK, Deputy Clerk to the
Honorable JAMES DONATO

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