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O'Leary v. Martel

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


August 18, 2008

GARY FRANCIS O'LEARY, PETITIONER,
v.
MICHAEL MARTEL, WARDEN, RESPONDENT.*FN1

The opinion of the court was delivered by: Arthur L. Alarcón United States Circuit Judge

ORDER

Gary O'Leary, a state prisoner proceeding pro se, filed an application for habeas corpus relief pursuant to § 2254(a) on October 12, 2006. Petitioner is an inmate currently incarcerated at Mule Creek State Prison, serving an indeterminate state prison sentence of sixteen years.

Respondent filed a motion to dismiss Petitioner's application on February 8, 2008. (Doc. No. 18). On February 12, 2008 and April 15, 2008, the Court issued orders directing Petitioner to file a response in opposition to Respondent's motion to dismiss. (Doc. Nos. 20 and 25).

Petitioner failed to file a response or otherwise comply with the Court's orders by the due dates. On August 6, 2008, the Court issued another order directing Petitioner to file a response in opposition to Respondent's motion to dismiss no later than August 15, 2008. (Doc. No. 26). The Court informed Petitioner that failure to comply with the order would result in this action being dismissed for failure to prosecute. Petitioner has failed to respond to or otherwise comply with the Court's order.

Accordingly, this action is DISMISSED for failure to prosecute. The clerk is directed to enter judgment and close the case.


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