IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
April 27, 2011
DANIEL F. BORDEN, SR., PETITIONER,
PEOPLE OF THE STATE OF CALIFORNIA, RESPONDENT.
The opinion of the court was delivered by: Craig M. Kellison United States Magistrate Judge
By order filed March 15, 2011, petitioner's habeas application was dismissed and thirty days' leave to file an amended application was granted. The thirty day period has now expired, and petitioner has not filed an amended habeas application or explained why not.
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.
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