Chestang v. Swarthough

Filing 6

ORDER signed by Magistrate Judge Gregory G. Hollows on 7/2/2012 ORDERING that this action is DISMISSED for the reasons set forth in the 4/23/12, order and for failure to follow court instructions to file an amended petition. CASE CLOSED. (Yin, K)

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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 K. CHESTANG,

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Petitioner,

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vs.

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No. 2:12-cv-0737 GGH P

SWARTHOUT,

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Respondent.

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ORDER
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Petitioner, a state prisoner proceeding pro se, has filed a petition for a writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. This case is before the undersigned pursuant to

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petitioner’s consent. Doc. 4. On April 23, 2012, the petition was dismissed with leave to amend

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within 28 days, as the petition failed to set forth a cognizable claim. However, that time limit has

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passed and petitioner has not filed an amended petition or otherwise communicated with the

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court.

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Accordingly, IT IS HEREBY ORDERED that this action is dismissed for the

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reasons set forth in the April 23, 2012, order and for failure to follow court instructions to file an

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amended petition. See Local Rule 110; Fed. R. Civ. P. 41(b).

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DATED: July 2, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH: AB - ches0737.fta

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