Jones v. United States

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 BRETT “EEON” JONES, Case No. 20-cv-08710-WHO (PR)

Plaintiff, 8 ORDER REOPENING ACTION; v. 9 ORDER DISMISSING PETITION 10 UNITED STATES, et al., WITH LEAVE TO AMEND 11 Defendants.

12 13 After petitioner Bret “Eeon” Jones filed an “affidavit,” the Clerk sent him notices 14 directing him to file a petition on this Court’s form, and to file an application to proceed in 15 forma pauperis (IFP). (Dkt. Nos. 2 and 3.) When Jones did not comply with the Clerk’s 16 Notices, the action was dismissed. (Dkt. No. 8.) Jones since has filed a petition, an IFP 17 application, and a motion for reconsideration, which the Court construes as a motion to 18 reopen. (Dkt. Nos. 10, 11 and 13.) The motion to reopen is GRANTED, and the action is 19 REOPENED. The Clerk shall modify the docket to reflect that the action is reopened. The 20 judgment and the order of dismissal are VACATED. 21 The handwritten petition is difficult to follow and it does not appear on this Court’s 22 form. Accordingly, it is DISMISSED with leave to file an amended petition that appears 23 on this Court’s form. A copy of the form will be sent to Jones. In it, he must specify 24 grounds for habeas relief, that is, allegations that challenge the validity of his conviction 25 and/or the length of his sentence. 26 The amended petition must be filed on or before July 18, 2022. It must include the 27 caption and civil case number used in this order (20-08710 WHO (PR)) and the words 1 || completely replaces the previous petitions, petitioner must include in his amended petition 2 || all the claims he wishes to present. See Ferdik v. Bonzelet, 963 F.2d 1258, 1262 (9th Cir. 3 || 1992). Petitioner may not incorporate material from the prior petition by reference. 4 || Failure to file an amended petition in accordance with this order may result in dismissal of 5 || this action without further notice to petitioner. 6 It is petitioner’s responsibility to prosecute this case. Petitioner must keep the Court 7 || informed of any change of address by filing a separate paper with the Clerk headed 8 || “Notice of Change of Address.” He must comply with the Court’s orders in a timely 9 || fashion or ask for an extension of time to do so. Failure to comply may result in the 10 || dismissal of this action pursuant to Federal Rule of Civil Procedure 41(b). 11 IT IS SO ORDERED. |) Dated: June 3, 2022 i M.Qe

TAM H. ORRICK United States District Judge

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