IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 14, 2011
CHRISTOPHER CERVANTES, PETITIONER,
FRANCISCO JACQUEZ, WARDEN, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner, a state prisoner proceeding without counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed January 5, 2011, petitioner's motion for stay and abeyance was denied, and petitioner's first amended petition was dismissed, without prejudice, for failure to exhaust state remedies. Petitioner was granted leave to file a second amended petition within thirty days. Thirty days have now passed, and petitioner has failed to file a second amended petition, or otherwise respond to the court's order. //// //// ////
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).*fn1