Cornish v. MacDonald

Filing 16

ORDER signed by Magistrate Judge Kendall J. Newman on 3/8/2013 ORDERING that this action is DISMISSED without prejudice. Fed.R.Civ.P. 41(a)(2). 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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AMMIEL CORNISH,
Petitioner,

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No. 2:12-cv-1296 KJN P

vs.
JIM MACDONALD,
Respondent.

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ORDER
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Petitioner is a state prisoner proceeding with a petition for writ of habeas corpus

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action pursuant to 28 U.S.C. § 2254. The parties have consented to the jurisdiction of the

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undersigned magistrate judge for all purposes. 28 U.S.C. § 636(c); Local Rule 305(a). (See Dkt.

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Nos. 6, 12.)

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Last fall, petitioner failed to file an opposition to respondent’s September 25,

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2012 motion to dismiss, premised on exhaustion and statute of limitations grounds. On

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November 5, 2012, this court informed petitioner of his omission, and directed petitioner to file

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an opposition, or statement of non-opposition, to respondent’s motion within fourteen days.

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(Dkt. No. 15.) Petitioner was informed that his “[f]ailure . . . to timely respond to this order will

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be construed as a request for voluntary dismissal of this action without prejudice.” (Id. at 2.)

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Petitioner did not respond to the court’s order or otherwise communicate with the court. The
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court construes petitioner’s inaction as a request that this action by dismissed.
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without

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prejudice. Fed. R. Civ. P. 41(a)(2).
SO ORDERED.

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DATED: March 8, 2013

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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corn1296.dism.

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