Briggs v. Board of Parole Hearings et al

Filing 11

FINDINGS and RECOMMENDATIONS recommending that the Petition be Dismissed for Failure to State a Claim re 1 Petition for Writ of Habeas Corpus, filed by Johnny Lee Briggs.;referred to Judge O'Neill,signed by Magistrate Judge Jennifer L. Thurston on 12/19/17. Objections to F&R due by 1/2/2018 (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOHNNY LEE BRIGGS,

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Petitioner,

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FINDINGS AND RECOMMENDATION
TO DISMISS ACTION

v.
[10-DAY DEADLINE]

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No. 1:17-cv-01497-LJO-JLT (HC)

D. BAUGHMAN, Warden, et al.,
Respondents.

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On November 9, 2017, the Court issued an order dismissing the petition for failure to

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present any cognizable grounds for relief. The Court granted Petitioner leave to file a First

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Amended Petition. The allotted thirty days passed and he failed to do so. Petitioner was

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forewarned that failure to comply would result in dismissal of the action.

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Accordingly, the Court hereby RECOMMENDS that the petition be DISMISSED for
failure to state a claim.
This Findings and Recommendation is submitted to the United States District Court Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636 (b)(1)(B) and Rule 304 of the

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Local Rules of Practice for the United States District Court, Eastern District of California. Within

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ten days after being served with a copy of this Findings and Recommendation, Petitioner may file

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written objections with the Court. Such a document should be captioned “Objections to
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Magistrate Judge’s Findings and Recommendation.” The Court will then review the Magistrate

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Judge’s ruling pursuant to 28 U.S.C. § 636 (b)(1)(C). Petitioner is advised that failure to file

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objections within the specified time may waive the right to appeal the Order of the District Court.

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

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IT IS SO ORDERED.
Dated:

December 19, 2017

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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