Tillman v. Board of Prison Terms

Filing 18

ORDER signed by Magistrate Judge Kendall J. Newman on 5/24/11 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY B. TILLMAN,

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Petitioner,

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No. 2:11-cv-0816 KJN P

vs.
BOARD OF PRISON TERMS,

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Respondent.

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ORDER
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Petitioner is a state prisoner proceeding without counsel with an application for a

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writ of habeas corpus pursuant to 28 U.S.C. § 2254. On April 7, 2011, petitioner filed a

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completed consent to proceed before the undersigned. By order filed April 18, 2011, petitioner’s

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amended application was dismissed and thirty days leave to file a second amended application

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was granted. The thirty day period has now expired, and petitioner has not filed a second

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amended application or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY ORDERED this action is dismissed without

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prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b). The court declines to issue the certificate

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of appealability referenced in 28 U.S.C. § 2253.

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DATED: May 24, 2011

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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till0816.fta

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