Mosqueda v. Jaquez et al

Filing 4

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 7/30/2010. (ndr, COURT STAFF) (Filed on 7/30/2010)

Mosqueda v. Jaquez et al

Doc. 4

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.

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ADRIAN T. MOSQUEDA, Petitioner, No. C 10-00595 CW (PR) ORDER OF DISMISSAL

FRANCISCO JAQUEZ, Warden, et al., Respondents. /

This case was commenced when Petitioner filed a document captioned "Petition For A Writ of Habeas Corpus." He challenges

his indeterminate placement in the Pelican Bay State Prison Security Housing Unit based on his validation as a gang member. On

June 25, 2010, the Court issued an order of dismissal with leave to amend and gave Petitioner thirty days from the date of the Order to amend to allege a § 1983 action because his claims were not cognizable in federal habeas corpus. Failure to timely file a

civil rights complaint would result in dismissal for failure to prosecute. The time for Petitioner to file his complaint has Accordingly,

passed, and no complaint has been filed.

IT IS HEREBY ORDERED that the "Petition For A Writ of Habeas Corpus" in the above-captioned action is dismissed for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). All pending motions are TERMINATED. The Clerk of the Court

shall enter judgment in accordance with this Order and close the file. IT IS SO ORDERED. Dated: 7/30/2010 CLAUDIA WILKEN UNITED STATES DISTRICT JUDGE

Dockets.Justia.com

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UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA ADRIAN T. MOSQUEDA, Plaintiff, v. FRANCISCO JAQUEZ et al, Defendant. /

Case Number: CV10-00595 CW CERTIFICATE OF SERVICE

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 July 30, 2010, 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.

Adrian Tamayo Mosqueda E-08547 D7-209-SHU Pelican Bay State Prison P.O. Box 7500 Crescent City, CA 95532 Dated: July 30, 2010 Richard W. Wieking, Clerk By: Nikki Riley, Deputy Clerk

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