Sanchez v. Frauenheim

Filing 9

FINDINGS and RECOMMENDATIONS Recommending that the Court Dismiss 1 Petition for Failure to Prosecute, signed by Magistrate Judge Sheila K. Oberto on 4/18/16. Referred to Judge Drozd. Objections to F&R Due Within Thirty Days. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CARLOS G. SANCHEZ,
Petitioner,

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Case No. 1:15-cv-01756-DAD-SKO HC

v.
S. FRAUENHEIM,

FINDINGS AND RECOMMENDATIONS
RECOMMENDING THAT THE
COURT DISMISS PETITION
FOR FAILURE TO PROSECUTE

Respondent.
(Doc. 8)
Petitioner is a state prisoner proceeding pro se with a petition for writ of habeas corpus

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pursuant to 28 U.S.C. § 2254. On March 8, 2016, the Court dismissed the petition with leave to
amend within 30 days. Although more than 30 days have now passed, Petitioner has not filed an

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amended petition. Accordingly, the undersigned hereby RECOMMENDS that the Court dismiss the

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petition for failure to prosecute.

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These Findings and Recommendations will be submitted to the United States District Judge
assigned to the case, pursuant to the provisions of 28 U.S.C ' 636(b)(1). Within thirty (30) days

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after being served with these Findings and Recommendations, Petitioner may file written objections
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with the Court. The document should be captioned AObjections to Magistrate Judge=s Findings and

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Recommendations.@ Petitioner is advised that failure to file objections within the specified time may

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constitute waiver of the right to appeal the District Court's order. Wilkerson v. Wheeler, 772 F.3d

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834, 839 ((9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). In lieu of
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filing objections, Petitioner may file the amended petition within thirty (30) days, and the
undersigned will withdraw these findings and recommendations.

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IT IS SO ORDERED.
Dated:

April 18, 2016

/s/ Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE

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