Tillman v. Board of Prison Terms

Full title: ANTHONY B. TILLMAN, Petitioner, v. BOARD OF PRISON TERMS, Respondent

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

Date published: May 25, 2011

No. 2:11-cv-0816 KJN P (E.D. Cal. May. 25, 2011)

Opinion

No. 2:11-cv-0816 KJN P.

May 25, 2011

ORDER

KENDALL NEWMAN, Magistrate Judge

Petitioner is a state prisoner proceeding without counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 7, 2011, petitioner filed a completed consent to proceed before the undersigned. By order filed April 18, 2011, petitioner's amended application was dismissed and thirty days leave to file a second amended application was granted. The thirty day period has now expired, and petitioner has not filed a second amended application or otherwise responded to the court's order.

Accordingly, IT IS HEREBY ORDERED this action is dismissed without prejudice. See Local Rule 110; Fed.R.Civ.P. 41(b). The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.

DATED: May 24, 2011