Lundh

MEMORANDUM **

Jonathan Karl Lundh, a California state prisoner, appeals pro se the dismissal without prejudice of his 28 U.S.C. § 2254 petition. We have jurisdiction pursuant to 28 U.S.C. § 2253 . We review for abuse of discretion, see Pagtalunan v. Galaza, 291 F.3d 639, 640 (9th Cir.2002), and we affirm.

Lundh contends that the district court erred by dismissing his 109-page petition because he failed to file an amended petition which complied with a local rule specifying that the maximum page length for memoranda and briefs is 25 pages.

A review of the record reveals that after receiving Lundh’s petition, the magistrate judge dismissed it without prejudice with leave to amend, warning Lundh that failure to amend his petition within one month to comply with the 25-page limit would be construed as a consent to dismissal. The magistrate judge further cautioned Lundh that he was subject to the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) statute of limitations, and that he should exhaust all claims before presenting them to the federal court. Thereafter, the magistrate judge granted three more extensions of time before recommending dismissal. The district court…