Brooks v. Long

Filing 9

ORDER OF DISMISSAL (WITH CERTIFICATE OF SERVICE). Petitioner was advised that failure to file a petition within twenty-eight days would result in dismissal of the action. The deadline has since passed, and Petitioner has failed to respond. Accordingly, this case is DISMISSED without prejudice for failure to file a petition. The Clerk shall terminate any pending motions and close the file. Signed by Judge Edward J. Davila on 1/19/2016. (ecg, COURT STAFF) (Filed on 1/19/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

United States District Court
For the Northern District of California

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No. C 15-05154 EJD (PR)

DAVID A. BROOKS
Petitioner,

ORDER OF DISMISSAL

v.
DAVID LONG,

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Respondent.
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On November 10, 2015, Petitioner, a California inmate proceeding pro se, filed a

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document entitled “Declaration to Support Extension of Time to File”1 (Docket No. 1.) On

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the same day, the Clerk sent Petitioner a notice that he must file a proper petition along with

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the court’s form petition. (Docket No. 4.) Petitioner was advised that failure to file a petition

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within twenty-eight days would result in dismissal of the action. (Id.)

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The deadline has since passed, and Petitioner has failed to respond. Accordingly, this
case is DISMISSED without prejudice for failure to file a petition.
The Clerk shall terminate any pending motions and close the file.

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The matter was reassigned to this Court on December 16, 2015, after Petitioner did not
file consent to magistrate jurisdiction in the time provided. (See Docket Nos. 5 & 8.)
Order of Dismissal
P:\PRO-SE\EJD\HC.15\05154Brooks_dism-pet.wpd

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1/19/2016
DATED: __________________________

____________________________
EDWARD J. DAVILA
United States District Judge

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United States District Court
For the Northern District of California

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Order of Dismissal
P:\PRO-SE\EJD\HC.15\05154Brooks_dism-pet.wpd

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DAVID A. BROOKS,

Case No. 5:15-cv-05154-EJD

Plaintiff,
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v.

CERTIFICATE OF SERVICE

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DAVID LONG,
Defendant.

United States District Court
Northern District of California

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I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S.
District Court, Northern District of California.
That on 1/19/2016, 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.
David A. Brooks ID: AN4774
C.C.C.F.
P.O. Box 2610
California City, CA 93504

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Dated: 1/19/2016

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Susan Y. Soong
Clerk, United States District Court
_____________________
Elizabeth Garcia, Deputy Clerk to the
Honorable EDWARD J. DAVILA