Fuller v. State of California

Filing 31

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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1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 KENNETH ADRIAN FULLER, Petitioner, 9 vs. 11 For the Northern District of California United States District Court 10 STATE OF CALIFORNIA, et al., 12 Respondent. 13 ) ) ) ) ) ) ) ) ) ) ) ) No. C 10-05501 EJD (PR) ORDER OF DISMISSAL 14 15 Petitioner, a state prisoner proceeding pro se, filed a petition for writ of 16 habeas corpus under 28 U.S.C. ยง 2254. On February 6, 2013, Court dismissed the 17 petition with leave to amend because it was unclear whether all the claims had been 18 exhausted in the state courts. (Docket No. 27.) The Court advised Petitioner that 19 the amended petition should contain only exhausted claims, and that if he failed to 20 file an amended petition within twenty-eight days from the date the order is filed, 21 i.e., no later than March 6, 2013, the Court would dismiss this action without 22 prejudice. (See id. at 3.) 23 24 25 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. 26 27 DATED: 4/5/2013 EDWARD J. DAVILA United States District Judge 28 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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