Opinion
Civil Action No. 11-cv-01104-BNB
08-02-2011
ARTURO J. MURILLO, Applicant, v. KEVIN MILYARD, Warden, and THE ATTORNEY GENERAL OF THE STATE OF COLORADO, Respondents.
ORDER OF DISMISSAL
Applicant, Arturo J. Murillo, is a prisoner in the custody of the Colorado Department of Corrections who currently is incarcerated at the Sterling, Colorado, correctional facility. Mr. Murillo, acting pro se, filed an Application for a Writ of Habeas Corpus Pursuant to 28 U.S.C § 2254. He paid the $5.00 filing fee.
On June 22, 2011, Magistrate Judge Boyd N. Boland ordered Mr. Murillo to file on the Court-approved form within thirty days an amended application that complied with Rule 4 of the Rules Governing Section 2254 Cases in the United States District Courts by alleging both the claims he sought to raise and the specific facts to support each asserted claim. The June 22 order warned Mr. Murillo that, if he failed within the time allowed to file an amended application as directed, the application would be denied and the action would be dismissed without further notice.
Mr. Murillo has failed, within the time allowed, to comply with the June 22 order or otherwise to communicate with the Court in any way.
Accordingly, it is
ORDERED that the habeas corpus application is denied and the action dismissed without prejudice pursuant to Rule 41(b) of the Federal Rules of Civil Procedure for the failure of Applicant, Arturo J. Murillo, to comply with the June 22, 2011, order to file an amended application, and for his failure to prosecute.
DATED at Denver, Colorado, this 1st day of August, 2011.
BY THE COURT:
LEWIS T. BABCOCK, Senior Judge
United States District Court
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
CERTIFICATE OF MAILING
Civil Action No. 11-cv-01104-BNB Arturo J Murillo
Prisoner No. 132674
Sterling Correctional Facility
PO Box 6000
Sterling, CO 80751
I hereby certify that I have mailed a copy of the ORDER and JUDGMENT to the above-named individuals on August 2, 2011.
GREGORY C. LANGHAM, CLERK
By: _____________
Deputy Clerk