Zarate v. Lewis et al
Filing
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ORDER OF DISMISSAL. Signed by Judge Claudia Wilken on 2/7/2013. (Attachments: # 1 Certificate/Proof of Service)(ndr, COURT STAFF) (Filed on 2/7/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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MANUEL ZARATE,
Petitioner,
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ORDER OF DISMISSAL
v.
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No. C 12-6143 CW (PR)
GREG LEWIS, Warden, et al.
Respondents.
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United States District Court
For the Northern District of California
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Petitioner, a state prisoner, filed this pro se petition for
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a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging
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his validation as a gang member and resulting indeterminate
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retention in the Secured Housing Unit (SHU) at Pelican Bay State
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Prison for more than twenty years.
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and expungement of the false information from his prison file.
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His arguments appear to be grounded in the First Amendment and the
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due process clause of the Fourteenth Amendment.
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He seeks release from the SHU
On December 28, 2102, the Court dismissed the petition,
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finding that Petitioner’s claims are not cognizable in federal
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habeas corpus because the relief he seeks would not necessarily
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shorten his sentence.
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(9th Cir. 2003).
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file a civil rights complaint and pay the $350.00 filing fee or
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file an in forma pauperis application.
See Ramirez v. Galaza, 334 F.3d 850, 859
The Court granted Petitioner leave to amend to
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More than thirty days have passed and Petitioner has not
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complied with the Court’s order or otherwise communicated with the
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Court.
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//
Accordingly, this case is DISMISSED without prejudice.
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The Clerk of the Court shall enter judgment and close the
file.
IT IS SO ORDERED.
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Dated: 2/7/2013
CLAUDIA WILKEN
United States District Judge
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United States District Court
For the Northern District of California
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