Brooks v. San Mateo County Superior Court
Filing
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ORDER REOPENING CASE. Signed by Judge Richard Seeborg on 2/28/17. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 2/28/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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CHARLES ANTHONY BROOKS,
Petitioner,
Case No. 15-cv-04877-RS (PR)
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v.
ORDER REOPENING ACTION
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RONALD DAVIS,
Respondent.
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This federal habeas action was stayed so that petitioner could exhaust claims in
United States District Court
Northern District of California
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state court. Petitioner now moves to reopen the action and lift the stay. (Docket Nos. 17
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and 18.) The motion is GRANTED. The action is REOPENED and the stay is
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DISSOLVED. The Clerk shall modify the docket to reflect this.
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Petitioner shall file an amended petition on or before April 17, 2017. No
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extensions of time will be granted. Petitioner must use this Court’s habeas form, a copy
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of which will be sent to him. The amended petition must include the caption and civil case
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number used in this order (15-04877 RS (PR)) and the words FIRST AMENDED
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PETITION on the first page. Because an amended petition completely replaces the
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previous petitions, petitioner must include in the amended petition all the claims he wishes
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to present. He may not incorporate material from the prior petition by reference. Failure
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to file an amended petition in accordance with this order will result in dismissal of this
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action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b).
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The Clerk shall terminate Docket Nos. 17 and 18.
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IT IS SO ORDERED.
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Dated: February ___, 2017
_________________________
RICHARD SEEBORG
United States District Judge
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