Brown v. Baughman
Filing
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ORDER REOPENING CASE. ORDER DISMISSING PETITION WITH LEAVE TO AMEND. Seventh Amended Petition due by 12/11/2017. Signed by Chief Magistrate Judge Joseph C. Spero on 10/25/17. (klhS, COURT STAFF) (Filed on 10/25/2017)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENNY M. BROWN,
Case No. 17-cv-01409-JCS (PR)
Petitioner,
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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 is REOPENED. The Clerk shall amend the
United States District Court
Northern District of California
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docket accordingly. The judgment (Dkt. No. 24) and the order of dismissal (Dkt. No. 23)
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are VACATED. The current petition is DISMISSED with leave to file an amended
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petition on or before December 11, 2017. As discussed in prior orders, the new petition
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shall address the legality and duration of his confinement that was subsequent to his 2004
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state convictions.
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The amended petition must include the caption and civil case number used in this
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order (17-01409 JCS (PR)) and the words SEVENTH AMENDED PETITION on the first
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page. Because an amended petition completely replaces the previous petition, petitioner
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must include in his amended petition all the claims he wishes to present. See Ferdik v.
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Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate material from a
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prior petition by reference. Any claims not raised in the amended petition will be deemed
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waived. Failure to file an amended petition in accordance with this order will result in
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dismissal of this action without further notice to petitioner.
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IT IS SO ORDERED.
Dated: October 25, 2017
_________________________
JOSEPH C. SPERO
Chief Magistrate Judge
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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KENNY M. BROWN,
Case No. 17-cv-01409-JCS
Plaintiff,
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v.
CERTIFICATE OF SERVICE
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DAVID BAUGHMAN,
Defendant.
United States District Court
Northern District of California
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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on October 25, 2017, 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.
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Kenny M. Brown ID: V22473
California Men's Colony State Prison (Cell # 5124)
P.O. Box 8101
San Luis Obispo, CA 93409-8101
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Dated: October 25, 2017
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Susan Y. Soong
Clerk, United States District Court
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By:________________________
Karen Hom, Deputy Clerk to the
Honorable JOSEPH C. SPERO
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