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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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BENJAMIN MARTINEZ, Petitioner, 8 9 10 United States District Court Northern District of California 11 Case No. 16-cv-04508-MEJ (PR) ORDER OF DISMISSAL v. W. L. MUNIZ, Warden, Respondent. 12 13 Petitioner has failed to file an amended petition by the deadline. Accordingly, this federal 14 habeas action is DISMISSED without prejudice for failure to respond to the Court’s order and for 15 failure to prosecute under Federal Rule of Civil Procedure 41(b). 16 Because this dismissal is without prejudice, petitioner may move to reopen the action. 17 Any motion to reopen must contain an amended petition that complies in all respects with the 18 instructions set forth in the order dismissing the petition with leave to amend. (Docket No. 8.) 19 The Clerk shall enter judgment in favor of respondent and close the file. 20 21 IT IS SO ORDERED. Dated: January 27, 2017 22 23 24 25 26 27 28 MARIA-ELENA JAMES United States Magistrate Judge

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