Xabandith v. Horel

Filing 11

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 12/22/09 ORDERING the clerk of the court shall randomly assign a U.S. District Judge to this action. U.S. District Judge Lawrence K. Karlton randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections due within 21 days. (Plummer, M)

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. ROBERT A. HOREL, Respondent. / By order filed October 9, 2009, petitioner's petition for writ of habeas corpus was dismissed and thirty days leave to file an amended petition was granted. On November 9, 2009, petitioner was granted an additional thirty days to file an amended petition and was cautioned that failure to do so would result in a recommendation for dismissal of this action. The time period has now expired, and petitioner has not filed an amended petition 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 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 PHANHAHA XABANDITH, Petitioner, No. CIV S-09-2550 DAD P

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DAD:lg xaba2550.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 twentyone 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: December 22, 2009.

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