Opinion
No. CV 06-0323-PHX-DGC (VAM).
April 19, 2006
ORDER
Petitioner Dwayne Brooks-Ansel (A36-803-696), who is confined in the Florence Service Processing Center in Florence, Arizona, has filed a pro se Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241. The Petition was filed on the appropriate Court-approved form, but Petitioner has failed to complete the sections of that form regarding grounds for relief. Accordingly, the Petition will be dismissed with leave to file an amended petition setting forth specific grounds for relief.
Petitioner should take notice that if he fails to timely comply with every provision of this Order, or any order of the Court entered in this matter, the Petition and action will be dismissed pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.See Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir.) (district court may dismiss action for failure to comply with any order of the court).
IT IS THEREFORE ORDERED:
(1) That the Petition is dismissed with leave to amend. Petitioner shall have thirty (30) days from the date this Order is filed to amend his Petition. The amended petition must be retyped or rewritten in its entirety on a Court-approved form and may not incorporate any part of the original Petition by reference. Any amended petition submitted by Petitioner should be clearly designated as such on the face of the document.
(2) That the Clerk of Court shall enter a judgment of dismissal of this action without prejudice and without further notice to Petitioner, if Petitioner fails to file an Amended Petition within thirty (30) days of the date this Order is filed.
(3) That the Clerk of Court shall provide to Petitioner the current Court-approved form for filing a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241.
(4) That a clear, legible copy of every pleading or other document filed shall accompany each original pleading or other document filed with the Clerk for use by the District Judge or Magistrate Judge to whom the case is assigned. Failure to comply with this requirement may result in the pleading or document being stricken without further notice to Petitioner.
(5) That at all times during the pendency of this action, Petitioner shall immediately advise the Court and the United States Marshal of any change of address and its effective date. Such notice shall be captioned "Notice of Change of Address." The notice shall contain only information pertaining to the change of address and its effective date. The notice shall not include any motions for any other relief. Petitioner shall serve a copy of the Notice of Change of Address on all opposing parties. Failure to file a Notice of Change of Address may result in the dismissal of the action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure.
FORM