IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
February 10, 2012
DANIEL THOMPSON, PETITIONER,
STATE OF CALIFORNIA, RESPONDENT.
The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge
Petitioner consented to proceed before the undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed January 5, 2012, petitioner's application was dismissed based on petitioner's failure to first exhaust state court remedies, and he was granted thirty days in which to file an amended petition or file a request for voluntary dismissal. Thirty days have now passed, and petitioner has not filed an amended application or otherwise responded 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). The court declines to issue the certificate of appealability referenced in 28 U.S.C. § 2253.
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