Turner v. Lewis

Full title: ANTHONY R. TURNER, Petitioner, v. G.D. LEWIS, et al., Respondent

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

Date published: Apr 27, 2011

No. CIV S-10-3424 DAD (TEMP) P (E.D. Cal. Apr. 27, 2011)

Opinion

No. CIV S-10-3424 DAD (TEMP) P.

April 27, 2011

ORDER

DALE DROZD, Magistrate Judge

By order filed March 15, 2011, petitioner's amended habeas application was dismissed and he was granted thirty days leave to file a second amended application. Therein, petitioner was warned that failure to file a second amended habeas application within thirty days provided would result in dismissal of this habeas action. The thirty day period has now expired, and petitioner has not filed a second amended habeas application.

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.

DATED: April 26, 2011.