Thompson v. State of California

Filing 7

ORDER signed by Magistrate Judge Kendall J. Newman on 2/10/12 DISMISSING CASE without prejudice. The court DECLINES to issue the certificate of appealability. CASE CLOSED. (Donati, J)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DANIEL THOMPSON,

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Petitioner,

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No. 2:11-cv-3340 KJN P

vs.

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STATE OF CALIFORNIA,

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Respondent.

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ORDER
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Petitioner consented to proceed before the undersigned for all purposes. See 28

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U.S.C. § 636(c). By order filed January 5, 2012, petitioner’s application was dismissed based on

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petitioner’s failure to first exhaust state court remedies, and he was granted thirty days in which

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to file an amended petition or file a request for voluntary dismissal. Thirty days have now

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passed, and petitioner has not filed an amended application or otherwise responded to the court’s

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order.

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Accordingly, IT IS HEREBY ORDERED that 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: February 10, 2012.

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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thom3340.fta

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