Servin

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

JAIME TAPIA SERVIN, Case No. 19-cv-01873-VC (PR)

Petitioner,

ORDER OF DISMISSAL WITHOUT

v. PREJUDICE

CYNTHIA Y. TAMPKINS,

Respondent.

This is a pro se petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 filed by California inmate Jaime Tapia Servin. On August 13, 2019, the Court dismissed the petition with leave to amend because Servin had not alleged a violation of the Constitution or laws of the United States and because he had not exhausted any claims. The Court granted Servin permission to file an amended complaint with a motion for a stay and abey under Rhines v. Weber, 544 U.S. 269 (2005), with instructions about how to do so. On September 9, 2019, Servin filed a motion for a stay, but it did not meet the requirements set forth in Rhines. The Court denied the motion without prejudice so that Servin could correct the noted deficiencies. On October 21, 2019, Servin filed an amended petition with a motion to stay and abey, but again he did not meet the Rhines requirements. On December 19, 2019, the Court dismissed the second motion to stay and abey…