Wilson v. Tilton

Filing 22

ORDER OF DISMISSAL. Signed by Judge Maxine M. Chesney on December 17, 2010. (mmcsec, COURT STAFF) (Filed on 12/17/2010)

Wilson v. Tilton

Doc. 22

1 2 3 4 5 6 7 8 9 10

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CLINTON BRIAN WILSON, ) ) Petitioner, ) ) v. ) ) JAMES E. TILTON, Secretary of ) Department of Corrections, ) ) Respondent. ) ______________________________ ) No. C 09-0143 MMC (PR) ORDER OF DISMISSAL

United States District Court

11
For the Northern District of California

12 13 14

On January 13, 2009, petitioner, a California prisoner proceeding pro se, filed the

15 above-titled petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. Thereafter, the 16 Court stayed the petition and administratively closed the case while petitioner returned to state 17 court to exhaust state remedies. Most recently, the Court, by order filed October 22, 2009, 18 granted petitioner's request to reopen the case and file an amended petition. In so doing, the 19 Court directed petitioner to file his amended petition within thirty days of the date the Court's 20 order was filed. 21

More than thirty days have passed from the date the Court's order was filed, and

22 petitioner has not filed an amended petition or otherwise communicated with the Court. 23 Accordingly, the instant action is hereby DISMISSED without prejudice, due to petitioner's 24 failure to comply with the Court's order. 25 26

The Clerk shall close the file. IT IS SO ORDERED. _________________________ MAXINE M. CHESNEY United States District Judge

27 DATED: December 17, 2010 28

Dockets.Justia.com