1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7

JOSE DE LOS SANTOS,

8 Case No. 21-cv-02328-YGR (PR) Petitioner, 9 ORDER OF DISMISSAL WITHOUT v. PREJUDICE 10

PEOPLE OF THE STATE CALIFORNIA,

11 Respondent. 12

13 The instant action was originally before the Honorable Lucy H. Koh, and it was 14 subsequently reassigned to the undersigned. Dkt. 11. 15 Petitioner, a detainee at Santa Clara County Jail, filed a pro se petition for a writ of habeas 16 corpus pursuant to 28 U.S.C. § 2254 alleging: (1) a violation of Brady v. Maryland, 373 U.S. 83 17 (1963); and (2) excessive bail. Dkt. 1 at 3-4. In an Order dated December 10, 2021, after 18 conducting a preliminary review, Judge Koh dismissed the petition and granted petitioner forty- 19 five days to file an amended petition curing the pleading deficiencies as to the bail claim. Dkt. 9. 20 Specifically, Judge Koh stated as follows:

21 The Petition is dismissed without leave to amend as to the Brady claim, but with leave to amend as to the bail claim. If petitioner is 22 able truthfully to allege that he has exhausted his bail claim, then he must file an amended petition within forty-five (45) days of this 23 order. 24 Id. at 5 (emphasis in original). Judge Koh warned petitioner that if he “fail[ed] to file an 25 amended petition within forty-five (45) days in conformity with [the December 10, 2021] 26 order, the case will be dismissed without prejudice.” Id. (emphasis in original). Judge Koh 27 also denied petitioner’s motion to proceed in forma pauperis and instructed him to pay the $5.00 filing 1 Both deadlines have passed, and petitioner has failed to file an amended petition and to pay 2 || the $5.00 filing fee. Accordingly, this action is DISMISSED without prejudice. 3 The Clerk of the Court shall close the file. 4 IT IS SO ORDERED. 5 || Dated: February 4, 2022 L~ aw. »epluale heb Le. Jeg YVONNE GONZALEZ ROGBRS 6 Ubed States District Judge 7 8 9 10 11 12

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