Dao v. Robertson ( 2021 )

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 CUONG HUY DAO, Case No. 19-cv-01074-WHO (PR) Petitioner, 8 ORDER DISSOLVING THE STAY AND REOPENING THE ACTION; v. 9 ORDER DIRECTING PETITIONER 10 J. ROBERTSON, TO FILE AN AMENDED PETITION BY NOVEMBER 15, 2021 Respondent. 11 12 13 This federal habeas action was stayed at petitioner Dao’s request so that he could 14 exhaust claims in state court. (Dkt. No. 24.) Dao has filed a notice asking the stay to be 15 dissolved and the action reopened. (Dkt. No. 25.) Accordingly, the stay is DISSOLVED 16 and the action REOPENED. The Clerk shall modify the docket accordingly. 17 On or before November 15, 2021, Dao shall file an amended petition on this 18 Court’s form. The amended petition must include the caption and civil case number used 19 in this order (19-01074 WHO (PR)) and the words FIRST AMENDED PETITION on the 20 first page. Because an amended petition completely replaces the previous petitions, 21 petitioner must include in his amended petition all the claims he wishes to present. See 22 Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 1992). Any claims not raised in the 23 amended petition will be deemed waived. Petitioner may not incorporate material from the 24 prior petition by reference. Failure to file an amended petition in accordance with this 25 order will result in dismissal of this action without further notice to petitioner. 26 It is petitioner’s responsibility to prosecute this case. Petitioner must keep the Court 27 informed of any change of address by filing a separate paper with the Clerk headed 1 || fashion or ask for an extension of time to do so. Failure to comply may result in the 2 || dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). 3 In sum, on or before November 15, 2021, Dao must file an amended petition on 4 || this Court’s form. Failure to do so will result in the dismissal of this action for failure to 5 || prosecute, see Federal Rule of Civil Procedure 41(b). 6 IT IS SO ORDERED. 7 || Dated: September 22, 2021 i M.Qe 8 AM H. ORRICK 9 United States District Judge 10 11 a 12 13 © 15 16 & 17 Z 18 19 20 21 22 23 24 25 26 27 28