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Case 2:13-cv-03627-JAK-JEM Document 3 Filed 06/04/13 Page 1 of 2 Page ID #:11

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

PAUL R. WARREN,

Petitioner,

v.

RALPH M. DIAZ, Warden,

Respondent.

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Case No. CV 13-3627-JAK (JEM)

MEMORANDUM AND ORDER DISMISSING
PETITION WITH LEAVE TO AMEND

On May 21, 2013, Paul R. Warren (“Petitioner”), a state prisoner proceeding pro
se, filed a petition for writ of habeas corpus, in which he challenges his 1983 state court
conviction.

The Court's review of the Petition reveals that it is deficient in that Petitioner has

failed to use the approved Central District habeas form for a person in state custody.
See Rule 2(d) of the Rules Governing Section 2254 Cases in the United States District
Courts (authorizing the District Court by Local Rule to require that habeas petitions be
filed in a form prescribed by the Local Rule); Local Rule 83-16.1.

Accordingly, the Petition is DISMISSED WITH LEAVE TO AMEND. If Petitioner

elects to pursue this action, he is ORDERED to file an amended petition using the
proper habeas form within thirty (30) days of the date of this Order. The clerk is

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Case 2:13-cv-03627-JAK-JEM Document 3 Filed 06/04/13 Page 2 of 2 Page ID #:12

directed to send Petitioner a blank form Petition for Writ of Habeas Corpus By a Person
In State Custody (28 U.S.C. § 2254) for this purpose.

The amended petition shall reflect the same case number as the petition, be

clearly labeled “First Amended Petition,” and be filled out completely. In Paragraph 7 of
the First Amended Petition, Petitioner shall specify separately and concisely each
federal constitutional claim that he is pursuing and answer all of the questions pertaining
to each such claim. If Petitioner attaches a supporting memorandum of points and
authorities, the arguments therein should correspond to the claims listed in Paragraph 7
of the habeas petition form and should not include any additional claims.

Petitioner shall immediately notify the Court of any change to Petitioner's

address. If Petitioner fails to keep the Court informed of where Petitioner may be
contacted, this action will be subject to dismissal for failure to prosecute and failure to
comply with a court order. See Local Rule 41-6.

Finally, Petitioner is cautioned that his failure to file a First Amended Petition by

July 5, 2013, may result in a recommendation that this action be dismissed without
prejudice for failure to prosecute and/or failure to comply with a court order. No
extension of this deadline will be granted absent a showing of good cause.

IT IS SO ORDERED.

DATED: June 4, 2013

/s/ John E. McDermott

JOHN E. MCDERMOTT

UNITED STATES MAGISTRATE JUDGE

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