Avila v. Borders

Filing 27

ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/2017 DISMISSING this action without prejudice. 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

ALEXANDER AVILA,

12
13
14

No. 2:16-cv-2903 KJN P

Petitioner,
v.

ORDER

D. BORDERS,

15

Respondent.

16
17

Petitioner is a former state prisoner. Both parties consented to proceed before the

18

undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed September 26, 2017, the

19

petition was dismissed, and petitioner was granted thirty days in which to file an amended

20

petition raising only exhausted claim nine. Petitioner did not file an amended petition. On

21

November 1, 2017, petitioner was ordered to show cause, within fourteen days, why this action

22

should not be dismissed. The fourteen day period has now expired, and petitioner has not shown

23

cause or otherwise responded to the court’s order.

24

IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local

25

Rule 110; Fed. R. Civ. P. 41(b).

26

Dated: November 27, 2017

27
/avil2903..fsc.hab

28
1