Brown v. Baughman

Filing 31

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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1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 KENNY M. BROWN, Case No. 17-cv-01409-JCS (PR) Petitioner, 5 v. ORDER REOPENING ACTION; 6 7 DAVID BAUGHMAN, Respondent. ORDER DISMISSING PETITION WITH LEAVE TO AMEND 8 9 10 This federal habeas corpus action is REOPENED. The Clerk shall amend the United States District Court Northern District of California 11 docket accordingly. The judgment (Dkt. No. 24) and the order of dismissal (Dkt. No. 23) 12 are VACATED. The current petition is DISMISSED with leave to file an amended 13 petition on or before December 11, 2017. As discussed in prior orders, the new petition 14 shall address the legality and duration of his confinement that was subsequent to his 2004 15 state convictions. 16 The amended petition must include the caption and civil case number used in this 17 order (17-01409 JCS (PR)) and the words SEVENTH AMENDED PETITION on the first 18 page. Because an amended petition completely replaces the previous petition, petitioner 19 must include in his amended petition all the claims he wishes to present. See Ferdik v. 20 Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). He may not incorporate material from a 21 prior petition by reference. Any claims not raised in the amended petition will be deemed 22 waived. Failure to file an amended petition in accordance with this order will result in 23 dismissal of this action without further notice to petitioner. 24 25 26 27 28 IT IS SO ORDERED. Dated: October 25, 2017 _________________________ JOSEPH C. SPERO Chief Magistrate Judge 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 KENNY M. BROWN, Case No. 17-cv-01409-JCS Plaintiff, 8 v. CERTIFICATE OF SERVICE 9 10 DAVID BAUGHMAN, Defendant. United States District Court Northern District of California 11 12 13 14 15 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. 16 17 18 Kenny M. Brown ID: V22473 California Men's Colony State Prison (Cell # 5124) P.O. Box 8101 San Luis Obispo, CA 93409-8101 19 20 21 Dated: October 25, 2017 22 23 Susan Y. Soong Clerk, United States District Court 24 25 26 By:________________________ Karen Hom, Deputy Clerk to the Honorable JOSEPH C. SPERO 27 28 2

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