Fuller v. State of California
Filing
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ORDER OF DISMISSAL. The Court advised Petitioner that the amended petition should contain only exhausted claims, and that if he failed to file an amended petition within twenty-eight days from the date the order is filed, i.e., no later than March 6, 2013, the Court would dismiss this action without prejudice. (See id. at 3.) The deadline has since passed, and Petitioner has not filed an amended petition. Accordingly, this action is DISMISSED without prejudice. The Clerk shall terminate any pending motions. Signed by Judge Edward J. Davila on 4/5/2013. (ecg, COURT STAFF) (Filed on 4/8/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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KENNETH ADRIAN FULLER,
Petitioner,
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vs.
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For the Northern District of California
United States District Court
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STATE OF CALIFORNIA, et al.,
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Respondent.
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No. C 10-05501 EJD (PR)
ORDER OF DISMISSAL
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Petitioner, a state prisoner proceeding pro se, filed a petition for writ of
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habeas corpus under 28 U.S.C. ยง 2254. On February 6, 2013, Court dismissed the
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petition with leave to amend because it was unclear whether all the claims had been
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exhausted in the state courts. (Docket No. 27.) The Court advised Petitioner that
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the amended petition should contain only exhausted claims, and that if he failed to
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file an amended petition within twenty-eight days from the date the order is filed,
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i.e., no later than March 6, 2013, the Court would dismiss this action without
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prejudice. (See id. at 3.)
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The deadline has since passed, and Petitioner has not filed an amended
petition. Accordingly, this action is DISMISSED without prejudice.
The Clerk shall terminate any pending motions.
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DATED:
4/5/2013
EDWARD J. DAVILA
United States District Judge
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Order of Dismissal
G:\PRO-SE\SJ.EJD\HC.10\Fuller05501_dism.wpd
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA
KENNETH ADRIAN FULLER,
Case Number: CV10-05501 EJD
Petitioner,
CERTIFICATE OF SERVICE
v.
STATE OF CALIFORNIA, et al.,
Respondent.
/
I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
4/8/2013
That on
, I SERVED a true and correct copy(ies) of the
attached, by placing said copy(ies) in a postage paid envelope addressed to the person(s)
hereinafter listed, by depositing said envelope in the U.S. Mail, or by placing said copy(ies) into
an inter-office delivery receptacle located in the Clerk's office.
Kenneth Adrian Fuller
45 Pearce Street
Petaluma, CA 95490
Dated:
4/8/2013
Richard W. Wieking, Clerk
/s/ By: Elizabeth Garcia, Deputy Clerk
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