Brown v. Baughman
Filing
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ORDER REOPENING ACTION; ORDER DISMISSING PETITION WITH LEAVE TO AMEND. Amended Petition due by 7/3/2017. Signed by Chief Magistrate Judge Joseph C. Spero on 05/22/2017. (Attachments: # 1 Certificate/Proof of Service)(tmiS, COURT STAFF) (Filed on 5/22/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENNY M. BROWN,
United States District Court
Northern District of California
Petitioner,
Case No. 17-cv-01409-JCS (PR)
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v.
ORDER REOPENING ACTION;
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DAVID BAUGHMAN,
Respondent.
ORDER DISMISSING PETITION
WITH LEAVE TO AMEND
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This federal habeas corpus action was dismissed because petitioner had not
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perfected his application to proceed in forma pauperis or paid the filing fee. Petitioner
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since has paid the filing fee. (Dkt. No. 15.) Accordingly, this action is REOPENED. The
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Clerk shall modify the docket accordingly. The judgment (Dkt. No. 11) and the order of
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dismissal (Dkt. No. 10) are VACATED.
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Petitioner also filed an amended petition. (Dkt. No. 12.) This pleading asks the
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Court to add language to his prior petition, but does not include his prior claims. Because
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petitioner must present all his claims in one petition, the amended petition is DISMISSED
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with leave to file an amended petition on or before July 3, 2017.
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The amended petition must be on this Court’s habeas form and must include the
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caption and civil case number used in this order (17-01409 JCS (PR)) and the words
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SECOND AMENDED PETITION on the first page. Because an amended petition
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completely replaces the previous petition, petitioner must include in his amended petition
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all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir.
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1992). He may not incorporate material from the prior petition by reference. Failure to
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file an amended petition in accordance with this order will result in dismissal of this action
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without further notice to petitioner.
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IT IS SO ORDERED.
Dated: May 22, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge
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United States District Court
Northern District of California
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