Opinion
CASE NO. 2:08-CV-725, CRIM. NO. 06-CR-264(1).
June 10, 2010
OPINION AND ORDER
On May 4, 2010, the Magistrate Judge directed petitioner to file, within 21 days, a statement of his intention to pursue this § 2255 petition and a written waiver of his attorney client privilege as it relates to his claim(s) of ineffective assistance of counsel. Petitioner was advised that failure to do so would be construed as an abandonment of this action and would result in dismissal of this case for failure to prosecute. Order and Report and Recommendation, Doc. No. 56.
Petitioner nonetheless has failed to file any response to the Magistrate Judge's order. Therefore, this action is hereby DISMISSED. THE CLERK SHALL ENTER FINAL JUDGMENT.
IT IS SO ORDERED.
JUDGMENT IN A CIVIL CASE
[] Jury Verdict. This action came before the Court for a trial by jury. The issues have been tried and the jury has rendered its verdict.[] Decision by Court. This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.
[X] Decision by Court. This action was decided by the Court without a trial or hearing.
IT IS ORDERED AND ADJUDGED That pursuant to the June 10, 2010 Opinion and Order, this action is Dismissed.