Musselwhite v. Woodford

Filing 39

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 3/9/11 RECOMMENDING that this case be dismissed; 17 Petition for Writ of Habeas Corpus referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, M)

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(HC) Musselwhite v. Woodford Doc. 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. VINCE CULLEN, Respondent. / On November 1, 2010, petitioner's counsel filed a "Notice of Petitioner's Death," and attached a copy of the certificate of death. Pursuant to that notice, IT IS HEREBY RECOMMENDED that this case be dismissed. These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within fourteen days after service of the objections. The parties are \\\\\ \\\\\ 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JOSEPH T. MUSSELWHITE, Petitioner, No. CIV S-01-1443 LKK GGH DP DEATH PENALTY CASE FINDINGS & RECOMMENDATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). DATED: March 9, 2011 /s/ Gregory G. Hollows ___________________________________ UNITED STATES MAGISTRATE JUDGE GGH:035 musselwhite.dism 2

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