Neidinger v. Salinas

Filing 10

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/06/10 ORDERING Clerk to randomly REASSIGN this case to a District Judge and RECOMMENDING that this action be dismissed w/ prejudice. Objections to these F&Rs due w/i 21 days; referred to Judge Morrison C. England, Jr,; Case REASSIGNED to Judge Morrison C. England, Jr. and Magistrate Judge Dale A. Drozd for all further proceedings. Case number shall now read 2:09-cv-2031 MCE DAD. (Benson, A.)

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. S.M. SALINAS, Warden, Respondent. / By order filed March 23, 2010, petitioner was ordered to file an amended petition for a writ of habeas corpus within thirty days from the date of service of the order. The thirty day period has now expired, and petitioner has not filed an amended application or otherwise responded to the court's order. Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to randomly assign this case to a District Judge. Also, IT IS HEREBY RECOMMENDED that this action be dismissed without prejudice. See Local Rule 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 twentyone days after being served with these findings and recommendations, petitioner may file written 1 ORDER AND FINDINGS & RECOMMENDATIONS IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA WILLIAM PHILLIP NEIDINGER, Petitioner, No. CIV S-09-2031 DAD P

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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: May 6, 2010.

DAD:4 neid2031.fta

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