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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 CHARLES ANTHONY BROOKS, Petitioner, Case No. 15-cv-04877-RS (PR) 5 v. ORDER REOPENING ACTION 6 7 RONALD DAVIS, Respondent. 8 9 10 This federal habeas action was stayed so that petitioner could exhaust claims in United States District Court Northern District of California 11 state court. Petitioner now moves to reopen the action and lift the stay. (Docket Nos. 17 12 and 18.) The motion is GRANTED. The action is REOPENED and the stay is 13 DISSOLVED. The Clerk shall modify the docket to reflect this. 14 Petitioner shall file an amended petition on or before April 17, 2017. No 15 extensions of time will be granted. Petitioner must use this Court’s habeas form, a copy 16 of which will be sent to him. The amended petition must include the caption and civil case 17 number used in this order (15-04877 RS (PR)) and the words FIRST AMENDED 18 PETITION on the first page. Because an amended petition completely replaces the 19 previous petitions, petitioner must include in the amended petition all the claims he wishes 20 to present. He may not incorporate material from the prior petition by reference. Failure 21 to file an amended petition in accordance with this order will result in dismissal of this 22 action with prejudice for failure to prosecute under Federal Rule of Civil Procedure 41(b). 23 The Clerk shall terminate Docket Nos. 17 and 18. 24 25 26 27 28 IT IS SO ORDERED. 28 Dated: February ___, 2017 _________________________ RICHARD SEEBORG United States District Judge

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