Ke v. Brown

Filing 9

ORDER DISMISSING PETITION FOR A WRIT OF HABEAS CORPUS WITHOUT PREJUDICE. Signed by Magistrate Judge Sallie Kim on 6/19/2017. (Attachments: # 1 Certificate/Proof of Service)(mklS, COURT STAFF) (Filed on 6/19/2017)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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HUI LIAN KE,
Petitioner,

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United States District Court
Northern District of California

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Case No. 17-cv-02464-SK (PR)

v.
EDMUND G. BROWN, JR., Governor,

ORDER DISMISSING PETITION FOR
A WRIT OF HABEAS CORPUS
WITHOUT PREJUDICE

Respondent.
Petitioner, a detainee at the Santa Clara County Jail, Elmwood Facility, filed a pro se one-

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page pleading entitled “Habeas Corpus.” The pleading was filed a new habeas action and assigned

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to the undersigned.

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On May 3, 2017, the court advised petitioner that her habeas action was deficient because

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it was not submitted on the proper form, and sent her a blank copy of the court’s petition for a writ

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of habeas corpus form. The court warned petitioner that, “[i]f you do not submit a completed . . .

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petition on the proper form -- noting the above-referenced case number -- within 28 DAYS . . .,

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your action will be DISMISSED and the filed closed.” ECF No. 4 at 1.

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More than 42 days elapsed; however, petitioner has not submitted the requisite completed
petition form or sought an extension of time to do so. The action accordingly is DISMISSED
without prejudice.
The clerk is instructed to close the file.
IT IS SO ORDERED.
Dated: June 19, 2017
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SALLIE KIM
United States Magistrate Judge