Turner v. Schwarzenegger et al

Filing 7

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 2/13/09 RECOMMENDING that this action be dismissed. Referred to Judge Garland E. Burrell, Jr., Objections to F&R due w/in 14 days. (Yin, K)

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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. ARNOLD SCHWARZENEGGER, et al., Respondents. / Petitioner is a state prisoner without counsel seeking a writ of habeas corpus. See 28 U.S.C. 2254. On December 8, 2008, the court dismissed petitioner's original petition. That order set forth the deficiencies in the petition, directed petitioner to file an amended petition curing the deficiencies within 20 days and warned him that failure to do so would result in a recommendation that this action be dismissed. The 20 days have passed and petitioner has not filed an amended petition or otherwise responded to that order. Accordingly, it is hereby RECOMMENDED that this action be dismissed. See Fed. R. Civ. P. 41(b); Rule 11 of the Rules Governing Section 2254 Cases; L. R. 11-110. 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 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA ANTHONY RICARDO TURNER, Petitioner, No. CIV S-07-2058 GEB EFB P FINDINGS AND RECOMMENDATIONS 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 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." Failure to file objections within the specified time may waive the right to appeal the District Court's order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). Dated: February 13, 2009. 2

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