In re Jose Luis Rico

Filing 13

ORDER DISMISSING CASE without Prejudice. Signed by Judge Saundra Brown Armstrong, on 9/8/09. (lrc, COURT STAFF) (Filed on 9/9/2009) Modified on 9/10/2009 (jlm, COURT STAFF).

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 v. JOHN DOE, JOSE LUIS RICO, Petitioner,

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

No. C 08-05338 SBA (PR) ORDER OF DISMISSAL WITHOUT PREJUDICE

Respondent.

/

Petitioner, a state prisoner filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. After conducting a preliminary review of the petition, the Court found that Petitioner had not specified any violation of federal law in his petition; therefore, the Court could not fairly evaluate the petition in its present state. The Court dismissed the petition and granted Petitioner thirty days to file an amended petition curing the pleading deficiencies, or to suffer dismissal of the petition without prejudice. The Court also noted that Petitioner had paid the filing fee. More than thirty days have passed, and Petitioner has failed to file an amended petition. Accordingly, this action is DISMISSED without prejudice. The Court has rendered its final decision on this matter; therefore, this Order TERMINATES Plaintiff's case. The Clerk of the Court shall close the file. IT IS SO ORDERED. DATED: 9/8/09 _______________________________ SAUNDRA BROWN ARMSTRONG United States District Judge

P:\PRO-SE\SBA\HC.08\Rico5338.Dismiss.NoAmPet.wpd

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 P:\PRO-SE\SBA\HC.08\Rico5338.Dismiss.NoAmPet.wpd 2 Jose Luis Rico G01731 California Medical Facility P.O. Box 2000 Vacaville, CA 95696-2000 Dated: September 9, 2009 Richard W. Wieking, Clerk By: LISA R CLARK, Deputy Clerk 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 September 9, 2009, 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. v. / et al, Defendant. / JOSE LUIS RICO, Plaintiff, Case Number: CV08-05338 SBA CERTIFICATE OF SERVICE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA