Smith v. Spearman

Full title: STEVEN R. SMITH, Petitioner, v. MARION SPEARMAN, Warden, Respondent.

Court: United States District Court, Ninth Circuit, California, E.D. California

Date published: Jul 2, 2013

2:13-cv-0605 KJN P (E.D. Cal. Jul. 2, 2013)

Opinion

STEVEN R. SMITH, Petitioner, v. MARION SPEARMAN, Warden, Respondent. No. 2:13-cv-0605 KJN P United States District Court, E.D. California. July 2, 2013

          ORDER

          KENDALL J. NEWMAN, Magistrate Judge.

         Both parties consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). On April 17, 2013, respondent filed a motion to dismiss this action based on petitioner's failure to exhaust state court remedies. Petitioner failed to file an opposition. On May 21, 2013, petitioner was granted a thirty-day extension of time in which to file an opposition, and warned that failure to do so would be deemed consent to have this action dismissed. The thirty day period has now expired, and petitioner has not filed an opposition or otherwise responded to the court's order.

         Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).