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Aceves v. California Dep't of Corrections and Rehabilitation

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


April 29, 2009

ARMANDO ABREU ACEVES, PETITIONER,
v.
CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, ET AL., RESPONDENTS.

ORDER

Petitioner, a prisoner without counsel, has filed a petition for a writ of habeas corpus. See 28 U.S.C. § 2254. This case is before the undersigned pursuant to petitioner's consent. See 28 U.S.C. § 636; see also E.D. Cal. Local Rules, Appx. A, at (k)(1)-(2).

On March 26, 2009, the court dismissed petitioner's original application, explained the deficiencies and granted petitioner twenty days in which to file an amended petition curing those deficiencies. The order cautioned petitioner that failure comply with the order would result in dismissal of this action without prejudice to filing a civil rights action.

The 20-day period has expired and petitioner has not filed an amended application for writ of habeas corpus or otherwise responded to the court's March 26, 2009, order.

Accordingly, it is hereby ORDERED that this action is dismissed without prejudice.

20090429

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