IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
May 24, 2011
ANTHONY B. TILLMAN, PETITIONER,
BOARD OF PRISON TERMS, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner is a state prisoner proceeding without counsel with an application for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 7, 2011, petitioner filed a completed consent to proceed before the undersigned. By order filed April 18, 2011, petitioner's amended application was dismissed and thirty days leave to file a second amended application was granted. The thirty day period has now expired, and petitioner has not filed a second amended application or otherwise responded to the court's order.
Accordingly, IT IS HEREBY ORDERED this action is dismissed without prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
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