Warden

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

GARY L. KILBOURN, Case No. 2:20-cv-04499-ODW (GJS) Petitioner

v. ORDER DISMISSING THIS

ACTION WITHOUT PREJUDICE

WARDEN, PURSUANT TO PETITIONER’S

REQUEST [DOCKET NO. 32]

Respondent.

17 On April 5, 2021, Respondent filed an answer to the 28 U.S.C. § 2254 habeas petition filed in this action. [See Docket Nos. 1 (“Petition”) and 23 (“Answer”).] Pursuant to the Court’s Order of October 8, 2020 [Docket No. 12], Petitioner’s Reply to the Answer was due by June 4, 2021, but Petitioner filed a request for an extension of time on that date, which was granted. Although Petitioner’s time to file a Reply was extended to August 3, 2021, he did not do so. On October 28, 2021, United States Magistrate Judge Gail J. Standish issued a Report and Recommendation, in which she recommended that the Petition be denied and this action be dismissed with prejudice. [Docket No. 31.] Objections were due by November 22, 2021. [Docket No. 30.] …