Zarate v. Lewis et al

Filing 5

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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