Boswell v. Ives

Full title: DANA E. BOSWELL, Petitioner, v. WARDEN IVES, Respondent

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

Date published: Jan 13, 2011

No. CIV S-09-1466 KJN (TEMP) P (E.D. Cal. Jan. 13, 2011)

Opinion

No. CIV S-09-1466 KJN (TEMP) P.

January 13, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Petitioner is a federal prison inmate who has filed an attack on his conviction from the District of South Dakota, claiming that the petition was properly brought under 28 U.S.C. § 2241 via the "savings clause" provisions of 28 U.S.C. § 2255. The court directed him to file a memorandum addressing whether he met the criteria for application of the savings clause. The thirty day period has expired, but petitioner has not filed the memorandum or otherwise responded to the court's order. Petitioner has consented to the magistrate judge's jurisdiction under 28 U.S.C. § 636(c).

IT IS THEREFORE ORDERED that this action be dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).

DATED: January 12, 2011