Sergio Ochoa v. Anthony Hedgpeth
Filing
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ORDER signed by Magistrate Judge Edmund F. Brennan on 11/5/2013 DISMISSING this action. CASE CLOSED. (Yin, K)
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UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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SERGIO OCHOA,
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Petitioner,
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No. 2:13-cv-1066-EFB P
v.
ORDER
ANTHONY HEDGPETH,
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Respondent.
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Petitioner, a state prisoner proceeding without counsel, seeks a writ of habeas corpus
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pursuant to 28 U.S.C. § 2254.1
On August 20, 2013, the court dismissed petitioner’s original application for a writ of
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habeas corpus with leave to amend. The order explained the petition’s deficiencies, gave
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petitioner thirty days to file an amended petition and warned petitioner that failure to timely file
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an amended petition could result in this action being dismissed. On September 25, 2013, the
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court granted petitioner an extension of thirty days in which to file his amended petition. The
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time for acting has passed and petitioner has not submitted an amended petition or otherwise
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responded to the court’s order.
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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).
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Accordingly, it is hereby ORDERED that this action is DISMISSED. Fed. R. Civ. P.
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41(b); Rule 12, Rules Governing § 2254 Cases; E.D. Cal. Local Rule 110.
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Dated: November 5, 2013.
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