Thao v. Swarthouth

Filing 16

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 11/23/10 recommending that this action be dismissed without prejudice re 1 Petition for Writ of Habeas Corpus. Referred to Judge William B. Shubb; Objections to F&R due within 21 days.(Dillon, M)

(HC) Thao v. Swarthouth

Doc. 16

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. SWARTHOUT, Warden, Respondent. / On October 6, 2010, the court dismissed petitioner's application for a writ of habeas corpus and granted him thirty days leave to file an amended petition. On November 5, 2010, the court granted petitioner an additional thirty days to file an amended petition. The thirty day period has now expired, and petitioner has not filed an amended petition or otherwise responded to the court's order. Accordingly, 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 objections with the court. The document should be captioned "Objections to Magistrate Judge's 1
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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CHARLIE CHONG THAO, Petitioner, No. CIV S-09-3572 WBS DAD

FINDINGS & RECOMMENDATIONS

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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: November 23, 2010.

DAD:9 thao3572.fta

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