(HC) Valenzuela v. People of The State of California, No. 2:2010cv00973 - Document 12 (E.D. Cal. 2011)
Court Description: ORDER signed by Magistrate Judge John F. Moulds on 1/13/2011 ORDERING that the 7 findings and recommendations are VACATED; ptnr to file an amended petition w/in 30 days; and the clerk to send ptnr a habeas corpus form. (Yin, K)
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(HC) Valenzuela v. People of The State of California Doc. 12 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FERNANDO VALENZUELA, Petitioner, 11 12 13 No.2:10-cv-0973-JFM (HC) vs. PEOPLE OF THE STATE OF CALIFORNIA, 14 Respondent. ORDER 15 / 16 Petitioner, a state prisoner proceeding pro se, filed an application for a writ of 17 habeas corpus pursuant to 28 U.S.C. § 2254. That petition was dismissed with leave to amend. 18 Petitioner, however, did not file an amended petition. Therefore, the undersigned recommended 19 dismissal without prejudice. Petitioner has since filed an objection. 20 Good cause appearing therefore, IT IS HEREBY ORDERED that: 21 1. The findings and recommendations are vacated; 22 2. Petitioner shall file an amended petition within thirty days from the date of this 23 order. Any amended petition must be filed on the form employed by this court, must name the 24 proper respondent, and must state all claims and prayers for relief on the form. It must bear the 25 case number assigned to this action and must bear the title “Amended Petition”; and 26 1 Dockets.Justia.com 3 The Clerk of the Court is directed to send petitioner the form for habeas corpus 1 2 application. 3 DATED: January 13, 2011. 4 5 6 7 /014;vale0973.122(2) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2
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