Esparza v. Sherman

Filing 14

FINDINGS and RECOMMENDATIONS recommending that the Court dismiss the petition for failure to prosecute re 1 Petition for Writ of Habeas Corpus ; referred to Judge Drozd,signed by Magistrate Judge Sheila K. Oberto on 07/5/17. Objections to F&R due (30-Day Deadline)(Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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CASIMIRO ESPARZA,

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Case No. 1:17-cv-00651-DAD-SKO HC

Petitioner,

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v.

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STU SHERMAN, Warden,

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

Respondent.
(Doc. 13)

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Petitioner Casimiro Esparza is a state prisoner proceeding pro se with a petition for writ of

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habeas corpus pursuant to 28 U.S.C. § 2254. On May 25, 2017, the Court dismissed the petition

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with leave to amend within 30 days. Although more than 30 days have now passed, Petitioner has

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not filed an amended petition.

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III.

Conclusion and Recommendation

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Accordingly, the undersigned hereby RECOMMENDS that the Court dismiss the petition for
failure to prosecute.
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
after being served with these Findings and Recommendations, Petitioner may file written objections
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 days, and the undersigned

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will withdraw these findings and recommendations.

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IT IS SO ORDERED.

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Dated:

July 5, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE
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