Simpson v. King, et al.

Filing 9

FINDINGS and RECOMMENDATIONS Recommending that the Court Dismiss the Petition for Failure to Prosecute, signed by Magistrate Judge Sandra M. Snyder on 3/11/15. Referred to Judge Ishii; 30-Day Deadline. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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EARL SIMPSON,
Petitioner,

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v.

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AUDREY KING, Executive Director of
Coalinga State Hospital, and CLIFFORD
ALLENBY, Chief Director of California
Mental Health Services,

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Respondent.

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Case No. 1:14-cv-01679-AWI-SMS HC
FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THE
COURT DISMISS PETITION
FOR FAILURE TO PROSECUTE

(Doc. 7)

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Petitioner Earl Simpson is a former state prisoner who has been civilly committed to
Coalinga State Hospital pursuant to California Penal Code § 2972. On October 21, 2014, Petitioner

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filed a document entitled "Petition for Writ of Mandamus and Prohibition and Requesting to Vacate
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an Order of Judgment." The Court reviewed the petition and dismissed it on December 31, 2014,

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with leave to amend for failure to state a cognizable claim. Petitioner failed to amend the petition or

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to respond in any other way.

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On February 11, 2015, the undersigned issued an order to show cause why this action should
not be dismissed for failure to obey a court order, returnable within fifteen days. Again, Petitioner
failed to respond in any other way.

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Accordingly, the undersigned RECOMMENDS that the Court dismiss the above-captioned
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petition for writ of habeas corpus for failure to obey a court order.
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These findings and recommendations are submitted to the Honorable Anthony W. Ishii,

2 United States District Court Judge, pursuant to the provisions of 28 U.S.C. § 636(b)(1)(B) and Rule
3 72-304 of the Local Rules of Practice for the United States District Court, Eastern District of
4 California. Within thirty (30) days after being served with a copy, either party may file written
5 objections with the Court, serving a copy on all parties. Such a document should be captioned
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“Objections to Magistrate Judge’s Findings and Recommendations.” The Court will then review the
Magistrate Judge’s ruling pursuant to 28 U.S.C. § 636(b)(1)(C). The parties are advised that failure to

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file objections within the specified time may waive the right to appeal the District Court’s order.

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10 Martinez v. Ylst, 951 F.2d 1153 (9 Cir. 1991).

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IT IS SO ORDERED.
Dated:

March 11, 2015

/s/ Sandra M. Snyder
UNITED STATES MAGISTRATE JUDGE

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