Brooks v. San Mateo County Superior Court

Filing 19

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

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RICHARD SEEBORG
United States District Judge