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)

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