Smith v. United States District Court for the Northern District
Filing
17
ORDER signed by Magistrate Judge Kendall J. Newman on 7/2/13 ORDERING that this action is DISMISSED without prejudice. CASE CLOSED. (Dillon, M)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
STEVEN R. SMITH,
12
Petitioner,
13
14
No. 2:13-cv-0605 KJN P
v.
ORDER
MARION SPEARMAN, Warden,,
15
Respondent.
16
Both parties consented to proceed before the undersigned for all purposes. See 28
17
18
U.S.C. § 636(c). On April 17, 2013, respondent filed a motion to dismiss this action based on
19
petitioner’s failure to exhaust state court remedies. Petitioner failed to file an opposition. On
20
May 21, 2013, petitioner was granted a thirty-day extension of time in which to file an opposition,
21
and warned that failure to do so would be deemed consent to have this action dismissed. The
22
thirty day period has now expired, and petitioner has not filed an opposition or otherwise
23
responded to the court’s order.
24
////
25
////
26
////
27
////
28
////
1
1
Accordingly, IT IS HEREBY ORDERED that this action is dismissed without prejudice.
2
See Local Rule 110; Fed. R. Civ. P. 41(b).
3
Date: 7/2/2013
4
_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
5
6
7
8
/smit0605.146o
ad4mc0d
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?