Avila v. Borders
ORDER signed by Magistrate Judge Kendall J. Newman on 11/27/2017 DISMISSING this action without prejudice. CASE CLOSED. (Yin, K)
UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
No. 2:16-cv-2903 KJN P
Petitioner is a former state prisoner. Both parties consented to proceed before the
undersigned for all purposes. See 28 U.S.C. § 636(c). By order filed September 26, 2017, the
petition was dismissed, and petitioner was granted thirty days in which to file an amended
petition raising only exhausted claim nine. Petitioner did not file an amended petition. On
November 1, 2017, petitioner was ordered to show cause, within fourteen days, why this action
should not be dismissed. The fourteen day period has now expired, and petitioner has not shown
cause or otherwise responded to the court’s order.
IT IS HEREBY ORDERED that this action is dismissed without prejudice. See Local
Rule 110; Fed. R. Civ. P. 41(b).
Dated: November 27, 2017
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