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PETERS v. SCHWARTZ

United States District Court, N.D. California


August 5, 2004.

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

The opinion of the court was delivered by: MAXINE CHESNEY, District Judge

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. ยง 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.

20040805

© 1992-2004 VersusLaw Inc.



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