Council v. Swarthout

Filing 7

SECOND ORDER REGARDING INCOMPLETE PETITION. Signed by Judge Yvonne Gonzalez Rogers on 3/18/13. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 3/18/2013)

Download PDF
1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 No. C 13-00084 YGR (PR) In re MATTHEW L. COUNCIL, 5 SECOND ORDER REGARDING INCOMPLETE PETITION 6 / 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 Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. ยง 2254. He has paid the full filing fee. In an Order dated January 30, 2013, the Court noted that the petition form was missing pages one through five. Therefore, Petitioner was directed to amend the petition to provide the missing pages within twenty-eight days. On February 13, 2013, Petitioner filed what he labeled as the missing pages to his federal petition. However, upon closer examination, the Court notes that these pages are pages one through five of Petitioner's petition for review, which was filed in the California Supreme Court. Petitioner is GRANTED twenty-eight (28) days from the date of this Order to amend the petition to provide the correct missing pages - pages one through five of his federal petition. If he does not amend within that time, the petition will be dismissed for failure to comply with Federal Rule of Civil Procedure 41(b). Failure to supply the missing pages of the petition within the twenty-eight-day deadline shall result in dismissal of this action without prejudice. IT IS SO ORDERED. DATED: March 18, 2013 YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE 24 25 26 27 28 G:\PRO-SE\YGR\HC.13\Council0084.2ndReq4MissingPages.wpd

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?