Sergio Ochoa v. Anthony Hedgpeth

Filing 13

ORDER signed by Magistrate Judge Edmund F. Brennan on 11/5/2013 DISMISSING this action. CASE CLOSED. (Yin, K)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

FOR THE EASTERN DISTRICT OF CALIFORNIA

10
11

SERGIO OCHOA,

12

Petitioner,

13
14

No. 2:13-cv-1066-EFB P

v.

ORDER

ANTHONY HEDGPETH,

15

Respondent.

16
Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus

17
18

pursuant to 28 U.S.C. § 2254.1
On August 20, 2013, the court dismissed petitioner’s original application for a writ of

19
20

habeas corpus with leave to amend. The order explained the petition’s deficiencies, gave

21

petitioner thirty days to file an amended petition and warned petitioner that failure to timely file

22

an amended petition could result in this action being dismissed. On September 25, 2013, the

23

court granted petitioner an extension of thirty days in which to file his amended petition. The

24

time for acting has passed and petitioner has not submitted an amended petition or otherwise

25

responded to the court’s order.

26
27
28

1

This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1)
and is before the undersigned pursuant to petitioner’s consent. See 28 U.S.C. § 636; see also E.D.
Cal. Local Rules, Appx. A, at (k)(4).
1

1

Accordingly, it is hereby ORDERED that this action is DISMISSED. Fed. R. Civ. P.

2

41(b); Rule 12, Rules Governing § 2254 Cases; E.D. Cal. Local Rule 110.

3

Dated: November 5, 2013.

4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2