Schlappi v. Salinas
Filing
15
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Craig M. Kellison on 7/14/11 RECOMMENDING that 1 Petition for Writ of Habeas Corpus filed by Darryl A. Schlappi be dismissed pursuant to FRCP 41(b). Referred to Judge Garland E. Burrell, Jr. Objections to F&R due 21 days after being served with these findings and recommendations. Any reply to objections due 14 days after service.(Meuleman, A)
1
2
3
4
5
6
7
8
IN THE UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
DARRYL A. SCHLAPPI
11
Petitioner,
12
13
No. CIV S-10-0486 GEB CMK (TEMP) P
vs.
S.M. SALINAS
14
Respondent.
15
FINDINGS AND RECOMMENDATIONS
/
16
Petitioner is a former state prisoner proceeding pro se with an application for writ
17
of habeas corpus pursuant to 28 U.S.C. § 2254. On September 23, 2010, respondent filed a
18
motion to dismiss. Respondent later noticed the court that petitioner had been granted parole and
19
was released from the State’s custody on July 26, 2010. See Docket No. 12. On January 14,
20
2011, the court ordered petitioner to show cause, within fourteen days, why his petition should
21
not be dismissed in light of his parole and his failure to oppose the motion to dismiss. The court
22
apprised petitioner that failure to comply with the order would result in a recommendation that
23
this action be dismissed under Rule 41(b) of the Federal Rules of Civil Procedure. More than
24
fourteen days have now passed, and petitioner has not responded to the show cause order.
25
/////
26
/////
1
1
2
IT IS THEREFORE RECOMMENDED that this case be dismissed pursuant to
Fed.R.Civ.P. 41(b).
3
These findings and recommendations are submitted to the United States District
4
Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-
5
one days after being served with these findings and recommendations, any party may file written
6
objections with the court and serve a copy on all parties. Such a document should be captioned
7
“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections
8
shall be served and filed within fourteen days after service of the objections. The parties are
9
advised that failure to file objections within the specified time may waive the right to appeal the
10
District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
11
12
13
14
DATED: July 14, 2011
______________________________________
CRAIG M. KELLISON
UNITED STATES MAGISTRATE JUDGE
15
16
17
18
19
20
21
22
23
24
25
26
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?