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Simms v. Sisto

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


June 2, 2010

STEFFON TERRELL SIMMS,
v.
D.K. SISTO, WARDEN

The opinion of the court was delivered by: Honorable N. Randy Smith Ninth Circuit Court of Appeals Judge

ORDER

On February 12, 2010, Petitioner filed for an extension of time in which to file supplemental briefing on the effect Cunningham v. California, 549 U.S. 270 (2007) may have on his Sixth Amendment Right to Jury Trial claim. The Court granted Petitioner's extension and gave him 60 days from the date on which the order granting his extension was filed (March 1, 2010) to file his supplemental briefing. He has failed to do so. It thus seems Petitioner is not interested in pursuing this option; therefore, this Court dismisses Petitioner's habeas petition without prejudice.

Accordingly, IT IS HEREBY ORDERED that:

1. That portion of Petitioner's habeas petition that was not dismissed in this Court's amended order of January 8, 2010 is now dismissed without prejudice.

20100602

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