Bowman v. Schwarzenegger et al

Filing 15

[VACATED PURSUANT TO 19 ORDER] FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 08/19/09 recommending that this action be dismissed. Referred to Judge John A. Mendez. Objections due within 20 days. (Plummer, M) Modified on 9/29/2009 (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. ARNOLD SCHWARZENEGGER, et al., Respondents. / By order filed May 6, 2009, this action was construed as a petition for writ of habeas corpus and petitioner was granted thirty days' leave to file a petition for writ of habeas corpus. On June 12, 2009, petitioner filed an address change. On June 22, 2009, petitioner was re-served with the May 6th order. The thirty day period has now expired, and petitioner has not filed an application or otherwise responded to the court's order. Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed. See Local Rule 11-110; Fed. R. Civ. P. 41(b). 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 1 FINDINGS & RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA GARY STEVEN BOWMAN, Petitioner, No. CIV S-08-3009 JAM GGH P

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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: August 19, 2009 /s/ Gregory G. Hollows

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