Turner v. State of California et al

Filing 12

ORDER OF DISMISSAL. Signed by Judge Charles R. Breyer on 1/28/2025. (ls, COURT STAFF) (Filed on 1/28/2025)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER, #2308044,

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Petitioner,

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United States District Court
Northern District of California

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Case No. 24-cv-03912-CRB (PR)
ORDER OF DISMISSAL

v.
STATE OF CALIFORNIA, et al.,
Respondent(s).

Petitioner filed a pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254
claiming unlawful detention on false criminal charges.
On December 19, 2024, the court dismissed the petition with leave to amend to file a

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petition under 28 U.S.C. § 2241 that makes clear the detention and state criminal charges he is

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challenging and, if possible, shows that he has exhausted available state judicial remedies in

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connection with said detention and state criminal charges and that special circumstances warrant

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federal intervention. The court warned petitioner that “[f]ailure to file a proper amended petition

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within [28 days] will result in the dismissal of this action.” ECF No. 9 at 2.

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Forty days have passed, and petitioner has not neither filed an amended petition nor sought
an extension of time to do so. This action accordingly is DISMISSED.

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The clerk is directed to close the case and terminate all pending motions as moot.

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IT IS SO ORDERED.

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Dated: January 28, 2025
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CHARLES R. BREYER
United States District Judge