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Peters v. Schwartz

United States District Court, N.D. California
Aug 5, 2004
No. C 04-0357 MMC (PR), Docket Nos. 2 4 (N.D. Cal. Aug. 5, 2004)

Opinion

No. C 04-0357 MMC (PR), Docket Nos. 2 4.

August 5, 2004


ORDER OF DISMISSAL WITH LEAVE TO AMEND; GRANTING APPLICATION TO PROCEED IN FORMA PAUPERIS


Petitioner is a prisoner who filed this pro se petition for a writ of habeas corpus under 28 U.S.C. § 2254. On April 22, 2004, the Court dismissed the petition because it did not set forth any cognizable claims for relief. Petitioner was granted leave to file an amended petition in this matter within thirty days to cure the deficiencies in his petition, and the Court cautioned that failure to do so would "result in the dismissal of this action." Petitioner has not filed an amended petition. Accordingly, the case is hereby DISMISSED. See WMX Technologies v. Miller, 104 F.3d 1133, 1136 (9th Cir. 1997) (holding further action by district court necessary where plaintiff fails to amend after dismissal with leave to amend).

All pending motions are terminated and the Clerk shall close the file.

IT IS SO ORDERED.

JUDGMENT IN A CIVIL CASE

Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.

[X] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED.


Summaries of

Peters v. Schwartz

United States District Court, N.D. California
Aug 5, 2004
No. C 04-0357 MMC (PR), Docket Nos. 2 4 (N.D. Cal. Aug. 5, 2004)
Case details for

Peters v. Schwartz

Case Details

Full title:UWE HELMUT PETERS, Petitioner, v. TERESA A. SCHWARTZ, Warden, Respondent

Court:United States District Court, N.D. California

Date published: Aug 5, 2004

Citations

No. C 04-0357 MMC (PR), Docket Nos. 2 4 (N.D. Cal. Aug. 5, 2004)