Brown v. Baughman

Filing 16

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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 KENNY M. BROWN, United States District Court Northern District of California Petitioner, Case No. 17-cv-01409-JCS (PR) 12 v. ORDER REOPENING ACTION; 13 14 DAVID BAUGHMAN, Respondent. ORDER DISMISSING PETITION WITH LEAVE TO AMEND 15 16 17 This federal habeas corpus action was dismissed because petitioner had not 18 perfected his application to proceed in forma pauperis or paid the filing fee. Petitioner 19 since has paid the filing fee. (Dkt. No. 15.) Accordingly, this action is REOPENED. The 20 Clerk shall modify the docket accordingly. The judgment (Dkt. No. 11) and the order of 21 dismissal (Dkt. No. 10) are VACATED. 22 Petitioner also filed an amended petition. (Dkt. No. 12.) This pleading asks the 23 Court to add language to his prior petition, but does not include his prior claims. Because 24 petitioner must present all his claims in one petition, the amended petition is DISMISSED 25 with leave to file an amended petition on or before July 3, 2017. 26 The amended petition must be on this Court’s habeas form and must include the 27 caption and civil case number used in this order (17-01409 JCS (PR)) and the words 28 SECOND AMENDED PETITION on the first page. Because an amended petition 1 completely replaces the previous petition, petitioner must include in his amended petition 2 all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 3 1992). He may not incorporate material from the prior petition by reference. Failure to 4 file an amended petition in accordance with this order will result in dismissal of this action 5 without further notice to petitioner. 6 7 IT IS SO ORDERED. Dated: May 22, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 8 9 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

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