Mooney v. Baughman

Filing 9

ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE; CASE assigned to District Judge Anthony W. Ishii and Magistrate Judge Jennifer L. Thurston. New case number is 1:17-cv-00512-AWI-JLT-(HC). FINDINGS and RECOMMENDATIONS recommending that action be dismissed for failure to state a claim re 1 signed by Magistrate Judge Jennifer L. Thurston on 6/19/2017. Referred to Judge Anthony W. Ishii; Objections to F&R due within 10-Days. (Lundstrom, T)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES R. MOONEY, 12 13 Case No. 1:17-cv-00512-JLT (HC) Petitioner, ORDER DIRECTING CLERK OF COURT TO ASSIGN DISTRICT JUDGE v. FINDINGS AND RECOMMENDATION 14 D. BAUGHMAN, Warden, 15 Respondent. [TEN-DAY OBJECTION DEADLINE] 16 17 Petitioner filed a federal habeas petition in the Sacramento Division of this Court on July 18 27, 2016. On April 11, 2017, the Court determined venue was proper in the Fresno Division and 19 transferred the case. The Court’s preliminary screening of the petition revealed that the petition 20 failed to present any cognizable grounds for relief. Therefore, on May 9, 2017, the Court issued 21 an order dismissing the petition. Petitioner was granted thirty days to file an amended petition 22 and state a cognizable federal claim. Over thirty days have passed and Petitioner has failed to 23 file an amended petition. Petitioner was forewarned that failure to file an amended petition in 24 compliance with the screening order would result in dismissal of the action. Accordingly, the 25 Court will recommend the petition be DISMISSED. 26 27 28 ORDER Accordingly, the Clerk of Court is DIRECTED to assign a District Judge to the case. RECOMMENDATION 1 1 Accordingly, the Court RECOMMENDS that this action be DISMISSED for failure to 2 state a claim. 3 This Findings and Recommendation is submitted to the assigned District Court Judge, 4 pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the Local Rules of 5 Practice for the United States District Court, Eastern District of California. Within ten days after 6 service of the Findings and Recommendation, Petitioner may file written objections with the 7 Court. Such a document should be captioned “Objections to Magistrate Judge’s Findings and 8 Recommendation.” The Court will then review the Magistrate Judge’s ruling pursuant to 28 9 U.S.C. § 636(b)(1)(C). Petitioner is advised that failure to file objections within the specified 10 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 11 (9th Cir. 1991). 12 13 14 IT IS SO ORDERED. Dated: June 19, 2017 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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