Mosqueda v. Jaquez et al

Filing 9

ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 5/25/2011. (ndr, COURT STAFF) (Filed on 5/25/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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No. C 10-0595 CW (PR)

ADRIAN T. MOSQUEDA,

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ORDER OF DISMISSAL

Petitioner,
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v.
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FRANCISCO JAQUEZ, Warden, et al.,
Respondents.

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/

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United States District Court
For the Northern District of California

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The instant action was commenced when Petitioner filed a
document captioned "Petition For A Writ of Habeas Corpus,"
challenging his indeterminate placement in the Pelican Bay State
Prison Security Housing Unit based on his validation as a gang
member.
Thereafter, the Court issued an Order dismissing the petition
with leave to amend for Petitioner to allege a cause of action
under 42 U.S.C. § 1983, because Petitioner’s claims were not
cognizable in federal habeas corpus.

When Petitioner failed to

file a timely response to the Court’s Order, the Court dismissed
the action for failure to prosecute pursuant to Federal Rule of
Civil Procedure 41(b).
Subsequently, Petitioner filed a motion for reconsideration of
the Order of Dismissal on the ground that he had handed his amended
petition to prison officials for mailing prior to the filing
deadline, even though the amended petition was not filed until the
deadline had passed.
On March 29, 2011, the Court granted Petitioner’s motion for
reconsideration and reopened the action.

The Court found that the

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claim raised in the amended petition was not cognizable, but

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granted Petitioner leave to file, within thirty days of the Court’s

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Order, a completed civil rights complaint form and a new in forma

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pauperis application.

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failure to do so within the thirty-day deadline would result in the

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dismissal of this action without prejudice.

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The Court informed Petitioner that his

More than thirty days have passed and Petitioner has not filed

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a civil rights complaint, paid the filing fee, returned the in

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forma pauperis application or otherwise communicated with the

United States District Court
For the Northern District of California

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Court.

Accordingly, this action is DISMISSED WITHOUT PREJUDICE.

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The Clerk of the Court shall close the file.

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IT IS SO ORDERED.

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Dated: 5/25/2011
CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

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ADRIAN T. MOSQUEDA,
Case Number: CV10-00595 CW

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Plaintiff,

CERTIFICATE OF SERVICE

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v.
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FRANCISCO JAQUEZ et al,
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Defendant.
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United States District Court
For the Northern District of California

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/

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 May 25, 2011, 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.

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Adrian Tamayo Mosqueda E-08547
D7-109
Pelican Bay State Prison
P.O. Box 7500
Crescent City, CA 95531

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Dated: May 25, 2011

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Richard W. Wieking, Clerk
By: Nikki Riley, Deputy Clerk

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