Opinion
No. C-11-3634 EMC (pr)
10-21-2011
FREDERICK BERNARD SAVANNAH, Petitioner, v. PEOPLE OF THE STATE OF CALIFORNIA, Respondent.
ORDER OF DISMISSAL
(Docket No. 7)
Frederick Bernard Savannah, a prisoner at the Calipatria State Prison, filed a pro se petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. The Court reviewed the petition, determined that it failed to state a claim upon which habeas relief could be granted and ordered Savannah to file an amended petition. See Order Of Dismissal With Leave to Amend at 2-3. Savannah then filed a "motion to withdraw from the court's order to amend with-out prejudice to exhaust state remedies," which appears to request a dismissal of this action so that he may exhaust state court remedies for his claims. Upon due consideration, the motion is GRANTED. (Docket # 7.)
This action is DISMISSED without prejudice to Savannah filing a new action after he exhausts state court remedies. Savannah is cautioned not to file an amended petition in this action and not to use the case number for this action because this action is being closed today. When he files a new petition, he should put no case number on the first page, and should submit it with the $5.00 filing fee or a completed in forma pauperis application. At that time, the Court will give the new petition a new case number. Savannah is urged to act swiftly to exhaust his state court remedies and immediately file a new federal habeas petition after he receives a decision from the California Supreme Court to avoid running afoul of the one-year statute of limitations on the filing of federal habeas petitions, 28 U.S.C. § 2244(d).
This order disposes of Docket No. 7. The Clerk shall close the file. IT IS SO ORDERED.
EDWARD M. CHEN
United States District Judge