Council v. Swarthout
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
No. C 13-00084 YGR (PR)
In re MATTHEW L. COUNCIL,
SECOND ORDER REGARDING
United States District Court
For the Northern District of California
Petitioner has filed a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C.
§ 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.
March 18, 2013
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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