Denny v. Hedgpeth

Filing 10

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 1/26/09 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice; Motion referred to Judge John A. Mendez, Objections to F&R due w/in 20 days. This case has been assigned to US District Judge John A. Mendez and US Magistrate Judge Dale A. Drozd for all further proceedings, the new case number is 2:08-cv-1614 JAM DAD (HC). (Yin, K)

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. A. HEDGPETH, Respondent. / By order filed September 22, 2008, petitioner's petition was dismissed and thirty days leave to file an amended petition was granted. On October 21, 2008, petitioner was granted a thirty day extension to file an amended petition. On December 10, 2008, petitioner was granted an additional thirty days to file an amended petition and/or motion for stay and abeyance. The time period has now expired, and petitioner has not filed an amended petition and/or motion for stay and abeyance or otherwise responded to the court's order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign a United States District Judge to this action; IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 11-110; Fed. R. Civ. P. 41(b). ///// 1 ORDER AND FINDINGS AND RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA JEROME JACKSON DENNY, JR., Petitioner, No. CIV S-08-1614 DAD P

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
DAD:lg denn1614.fta

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 twenty days after being served with these findings and recommendations, petitioner may file written objections with the court. The document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Petitioner is 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: January 26, 2009.

2