Williams

Filing 8

ORDER OF DISMISSAL. Signed by Magistrate Judge Laurel Beeler on 6/21/2016. (lsS, COURT STAFF) (Filed on 6/21/2016)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

NORTHERN DISTRICT OF CALIFORNIA

10

San Francisco Division

United States District Court
Northern District of California

11
LANCE S. WILLIAMS, II,

12

Case No. 16-cv-02296-LB

Petitioner,
13
v.

ORDER OF DISMISSAL

14
UNITED STATES OF AMERICA,

15

[Re: ECF No. 1 ]

Respondent.
16
17
The petitioner, currently incarcerated at the U.S. Penitentiary in Victorville, California,

18
19

commenced this action by filing a document entitled Ҥ 1651 Motion, All Writs Act, for Padilla,,

20

Cooper, Frye, and Johnson.” (ECF No. 1.)1 He has consented to proceed before a magistrate

21

judge. (ECF No. 5.) The court reviewed the filing, determined that the petitioner apparently

22

wanted to challenge his conviction or sentence but had not provided any details about that

23

conviction or sentence. (ECF No. 6.) The court explained that the absence of information about the

24

conviction and sentence prevented the court from analyzing the petition, and ordered the petitioner

25

to file an amendment to his § 1651 petition no later than June 3, 2016 to provide specified

26

information. (ECF No. 6.) The court specifically warned the petitioner that failure to file the

27
1

28

Citations are to the Electronic Case File (“ECF”); pin cites are to the ECF-generated page
numbers at the tops of the documents.

1
2

amendment by the deadline may result in the dismissal of this action. (Id.)
The petitioner did not file an amendment to his petition and the deadline by which to do so has

3

long passed. The § 1651 petition (captioned as a “§ 1651 Motion, All Writs Act”) therefore is

4

DENIED because, due to the deficiencies in the original petition/motion, and the petitioner’s

5

failure to cure them by amendment, he has failed to state a claim upon which relief may be

6

granted. (ECF No. 1.) The clerk shall close the file.

7
8
9

IT IS SO ORDERED.
Dated: June 21, 2016

__________________________
LAUREL BEELER
United States Magistrate Judge

10

United States District Court
Northern District of California

11
12
13
14
15
16
17
18
19
20
21

22
23
24
25
26
27
28
2

1
2
3
4

UNITED STATES DISTRICT COURT

5

NORTHERN DISTRICT OF CALIFORNIA

6
7

WILLIAMS,

Case No. 3:16-cv-02296-LB
Plaintiff,

8
v.

CERTIFICATE OF SERVICE

9
10

,
Defendant.

United States District Court
Northern District of California

11
12
13

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

14
15
16
17
18

That on June 21, 2016, 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.

19
20
21

Lance S. Williams ID: 14221-111
United States Penitentiary
PO Box 3900
Adelanto, CA 92301

22
23
24
25

Dated: June 21, 2016

Susan Y. Soong
Clerk, United States District Court

26
27
28

By:________________________
Lashanda Scott, Deputy Clerk to the
Honorable LAUREL BEELER
3