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)

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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

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