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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 MANUEL ZARATE, Petitioner, 5 8 ORDER OF DISMISSAL v. 6 7 No. C 12-6143 CW (PR) GREG LEWIS, Warden, et al. Respondents. ________________________________/ 9 United States District Court For the Northern District of California 10 Petitioner, a state prisoner, filed this pro se petition for 11 a writ of habeas corpus pursuant to 28 U.S.C. § 2254, challenging 12 his validation as a gang member and resulting indeterminate 13 retention in the Secured Housing Unit (SHU) at Pelican Bay State 14 Prison for more than twenty years. 15 and expungement of the false information from his prison file. 16 His arguments appear to be grounded in the First Amendment and the 17 due process clause of the Fourteenth Amendment. 18 He seeks release from the SHU On December 28, 2102, the Court dismissed the petition, 19 finding that Petitioner’s claims are not cognizable in federal 20 habeas corpus because the relief he seeks would not necessarily 21 shorten his sentence. 22 (9th Cir. 2003). 23 file a civil rights complaint and pay the $350.00 filing fee or 24 file an in forma pauperis application. See Ramirez v. Galaza, 334 F.3d 850, 859 The Court granted Petitioner leave to amend to 25 More than thirty days have passed and Petitioner has not 26 complied with the Court’s order or otherwise communicated with the 27 Court. 28 // Accordingly, this case is DISMISSED without prejudice. 1 2 3 The Clerk of the Court shall enter judgment and close the file. IT IS SO ORDERED. 4 5 6 Dated: 2/7/2013 CLAUDIA WILKEN United States District Judge 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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