Gutierrez v. United States

Filing 16

ORDER DISMISSING CASE WITHOUT PREJUDICE. Signed by Judge Yvonee Gonzale Rogers on 3/6/2012. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/6/2012)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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JOSEPH P. GUTIERREZ,

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United States District Court
For the Northern District of California

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Petitioner,

ORDER OF DISMISSAL WITHOUT
PREJUDICE

vs.
UNITED STATES OF AMERICA,
Respondent.
/

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No. C 11-4527 YGR (PR)

Petitioner, a federal detainee, filed this civil action concerning his detention in connection

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with the revocation of his federal parole. He commenced the action by filing a "Motion for Appt. of

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Counsel" (docket no. 1), and he subsequently filed a 28 U.S.C. § 2255 motion "attacking a sentence

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imposed by that court" (docket no. 6).

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Petitioner's case was initially assigned to the Honorable Susan Illston. In an Order dated

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December 14, 2011, after consideration of Petitioner's filings, Judge Illston dismissed his action with

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leave to file either a petition for writ of habeas corpus under 28 U.S.C. § 2241 or a petition for writ

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of mandamus. She ordered that such a petition must be filed no later than January 20, 2012. (Dec.

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14, 2011 Order at 5.)

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On January 18, 2012, this case was reassigned to the undersigned judge. On January 19,

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2012, Petitioner requested an extension of time to respond to the December 14, 2011 Order. In an

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Order dated January 26, 2012, Petitioner's request was granted, and the time during which he was

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permitted to respond was extended for an additional thirty dates from the date of that Order. (Jan.

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26, 2012 Order at 1.) Petitioner was informed that if he failed to respond within the thirty-day

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deadline, this case will be closed for failure to prosecute under Rule 41(b) of the Federal Rules of

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Civil Procedure. (Id.)

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More than thirty days have passed, and Petitioner has failed to file either a petition for

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for writ of habeas corpus under 28 U.S.C. § 2241 or a petition for writ of mandamus. Accordingly,

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this action is DISMISSED without prejudice. The Clerk of the Court shall enter judgment, terminate

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all pending motions, and close the file.

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IT IS SO ORDERED.
DATED: March 6, 2012
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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United States District Court
For the Northern District of California

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G:\PRO-SE\YGR\HC.11\Gutierrez4527.DISM-Fail2FilePet.wpd

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