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Moffitt v. Mule Creek State Prison

United States District Court, Ninth Circuit, California, E.D. California
Dec 3, 2013
2:13-cv-2139 CKD P (E.D. Cal. Dec. 3, 2013)

Opinion


BRIAN MOFFITT, Petitioner, v. MULE CREEK STATE PRISON, Respondent. No. 2:13-cv-2139 CKD P United States District Court, E.D. California. December 3, 2013

          ORDER

          CAROLYN K. DELANEY, Magistrate Judge.

         Petitioner is a California prisoner proceeding pro se with a petition for writ of habeas corpus under 28 U.S.C. § 2254. Petitioner has consented to have all proceedings in this action before a United States magistrate judge. See 28 U.S.C. § 636(c).

         By order filed October 22, 2013, petitioner's petition was dismissed and thirty days leave to file an amended petition was granted. The thirty day period has now expired, and petitioner has not filed an amended petition or adequately explained why not.

         Accordingly, IT IS HEREBY ORDERED that:

         1. This action is dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b).

         2. The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.


Summaries of

Moffitt v. Mule Creek State Prison

United States District Court, Ninth Circuit, California, E.D. California
Dec 3, 2013
2:13-cv-2139 CKD P (E.D. Cal. Dec. 3, 2013)
Case details for

Moffitt v. Mule Creek State Prison

Case Details

Full title:BRIAN MOFFITT, Petitioner, v. MULE CREEK STATE PRISON, Respondent.

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

Date published: Dec 3, 2013

Citations

2:13-cv-2139 CKD P (E.D. Cal. Dec. 3, 2013)