Clifford v. Curry et al

Filing 12

ORDER OF DISMISSAL, ***Civil Case Terminated. Signed by Judge Phyllis J. Hamilton on 1/16/09. (Attachments: # 1 Certificate of Service)(nah, COURT STAFF) (Filed on 1/16/2009)

1 2 3 4 5 6 7 8 9 10 vs. B. CURRY, Warden, Respondent. / ANTHONY CLIFFORD, Petitioner, No. C 07-5104 PJH (PR) ORDER OF DISMISSAL UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

United United States District Court

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For the Northern District of California

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This is a civil rights case filed pro se by a state prisoner. Respondent's motion to

14 dismiss the petition as mixed was granted and petitioner was ordered to elect how to 15 proceed. He asked for a stay of proceedings to allow him to exhaust in state court. In an 16 order entered on December 4, 2008, the stay was denied because he did not even try to 17 show good cause for his failure to exhaust the issues sooner, despite having been warned 18 that to obtain a stay he had to do so. In that order he was given another chance to elect 19 what to do with the petition, and the choices were once again set out for him. He was 20 warned that if he did not file an election within thirty days the case would be dismissed. He 21 has not filed any response. Therefore, this case is DISMISSED without prejudice as mixed. 22 The clerk shall close the file. 23 IT IS SO ORDERED. PHYLLIS J. HAMILTON United States District Judge

24 Dated: January 16, 2009. 25 26 27 28 G:\PRO-SE\PJH\HC.07\CLIFFORD5104.DSM.wpd