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Thomas v. Woodford

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


February 19, 2008

JACKSON E. THOMAS, PLAINTIFF,
v.
JEANNE S. WOODFORD, ET AL., DEFENDANT.

The opinion of the court was delivered by: Hayes, Judge

ORDER CLOSING CASE

On July 25, 2007, Petitioner Jackson E. Thomas filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. (Doc. # 1). Thereafter, on August 9, 2007, the Court dismissed the Petition without prejudice and with leave to amend on the grounds that Petitioner failed to name the proper respondent. (Doc. # 3). As noted in the Court's Order of August 9, 2007, "[t]he actual person who is [the] custodian [of the petitioner] must be the respondent." (Doc. # 3 at 2); see also Ashley v. Washington, 394 F.2d 125, 126 (9th Cir. 1968); Brittingham v. United States, 982 F.2d 378, 379 (9th Cir. 1992).

On October 9, 2007, Petitioner filed an ex parte motion requesting an extension of time to file a First Amended Petition (Doc. # 4). On October 15, 2007, this Court granted the ex parte motion and ordered Petitioner to file a First Amended Petition on or before November 19, 2007. (Doc. # 5).

Petitioner did not file a First Amended Petition on or before November 19, 2007. Accordingly, the Clerk of the Court is Ordered to close this case.

IT IS SO ORDERED.

WILLIAM Q. HAYES United States District Judge

20080219

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