Pratt v. Gower

Filing 11

ORDER DIRECTING PETITIONER TO FILE AN AMENDED PETITION. Signed by Judge Yvonne Gonzalez Rogers on 1/3/14. (Attachments: # 1 Certificate/Proof of Service)(fs, COURT STAFF) (Filed on 1/3/2014)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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No. C 13-01225 YGR (PR)

DANELL PRATT,

ORDER DIRECTING PETITIONER TO
FILE AN AMENDED PETITION

Petitioner,
v.
B. GOWER, Warden,

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Respondent.

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Petitioner, a state prisoner, has filed this petition for a writ of habeas corpus pursuant to 28

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U.S.C. § 2254.
On August 15, 2013, the Court issued an Order granting Petitioner's request for a stay of

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proceedings while he returned to state court to exhaust his state judicial remedies. The Court also

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stated:

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Nothing further will take place in this action until Petitioner receives a final decision
from the highest state court and, within twenty-eight (28) days of doing so, moves to
reopen the action, lift the Court's stay and amend the stayed petition to add the
newly-exhausted claims.

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(Aug. 15, 2013 Order at 2.)
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On December 11, 2013, Petitioner informed the Court that his state proceedings had
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concluded; however, he did not amend the stayed petition to add the newly-exhausted claims.
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Therefore, Petitioner must file an amended petition in this Court which incorporates the newly28
exhausted claims he intends to raise in federal court, as directed below.

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CONCLUSION
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No later than twenty-eight (28) days of the date of this Order, Petitioner must file an

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amended petition in this Court which incorporates the newly-exhausted claims he intends to raise in

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federal court. The Court will lift the stay on the date that Petitioner files his amended petition.

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Petitioner must submit the amended petition on the attached blank habeas petition form, clearly label

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the petition as the "Amended Petition," and write in the case number for this action on the form. He

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should also attach to his amended petition a copy of his petition to the California Supreme Court, if

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the document is available to him. If Petitioner fails to file an amended petition within the

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prescribed period, the Court will dismiss this action without prejudice for failure to prosecute.

United States District Court
For the Northern District of California

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2.

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IT IS SO ORDERED.

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DATED:

The Clerk of the Court shall send Petitioner a blank § 2254 habeas petition form.

January 3, 2014
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE

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G:\PRO-SE\YGR\HC.13\Pratt1225.FilePET.wpd

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