Martinez v. Muniz

Filing 9

ORDER DISMISSING CASE. Signed by Magistrate Judge Maria-Elena James on 1/27/2017. (Attachments: # 1 Certificate/Proof of Service)(rmm2S, COURT STAFF) (Filed on 1/27/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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BENJAMIN MARTINEZ,
Petitioner,

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United States District Court
Northern District of California

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Case No. 16-cv-04508-MEJ (PR)
ORDER OF DISMISSAL

v.
W. L. MUNIZ, Warden,
Respondent.

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Petitioner has failed to file an amended petition by the deadline. Accordingly, this federal

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habeas action is DISMISSED without prejudice for failure to respond to the Court’s order and for

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failure to prosecute under Federal Rule of Civil Procedure 41(b).

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Because this dismissal is without prejudice, petitioner may move to reopen the action.

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Any motion to reopen must contain an amended petition that complies in all respects with the

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instructions set forth in the order dismissing the petition with leave to amend. (Docket No. 8.)

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The Clerk shall enter judgment in favor of respondent and close the file.

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IT IS SO ORDERED.
Dated: January 27, 2017

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MARIA-ELENA JAMES
United States Magistrate Judge