Palmeno v. Trimble
Filing
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ORDER of Dismissal. Signed by Judge Edward M. Chen on 8/27/2012. (Attachments: # 1 Certificate of Service). (emcsec, COURT STAFF) (Filed on 8/27/2012)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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FRANCISCO PALMENO,
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No. C 11-4068 EMC (pr)
Petitioner,
ORDER OF DISMISSAL
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v.
TRIMBLE, Warden,
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For the Northern District of California
United States District Court
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Respondent.
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Francisco Palmeno filed this pro se action for a writ of habeas corpus pursuant to 28 U.S.C.
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ยง 2254. Respondent moved to dismiss the petition on the ground that state court remedies have not
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been exhausted for all claims. On July 13, 2012, the Court granted the motion and dismissed the
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complaint with leave to amend. (Docket # 10.) Petitioner was directed to either file an amended
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petition that included only his exhausted claims, or in the alternative, to file motion to stay the
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petition while he exhausts his unexhausted claim in the state courts. Petitioner was warned that if he
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failed to file a response in the time provided, i.e., within thirty days from the date the order was
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filed, this action would be dismissed without prejudice.
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The deadline has since passed, and Petitioner has failed to file a response. Accordingly, this
action is DISMISSED without prejudice.
IT IS SO ORDERED.
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Dated: August 27, 2012
_________________________
EDWARD M. CHEN
United States District Judge
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