Salazar v. Bell et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 6/23/11 ORDERING that the Clerk of the Court is directed to assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Garland E. Burrell, Jr; Objections due within 21 days after being served with these findings and recommendations. (Becknal, R)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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TAYS EAGLET SALAZAR, SR.,
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Petitioner,
No. 2: 11-cv-0762 KJN P
vs.
CHARLES BELL, et al.,
ORDER AND
Respondents.
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FINDINGS AND RECOMMENDATIONS
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Petitioner is a state prisoner proceeding without counsel, with a petition for writ
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of habeas corpus pursuant to 28 U.S.C. § 2254. On April 15, 2011, the court granted petitioner
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twenty-eight days to file a notice of change of address. Twenty-eight days passed and petitioner
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did not respond to the April 15, 2011 order. Accordingly, on June 2, 2011, the court ordered
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petitioner to show cause within fourteen days why this action should not be dismissed for his
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failure to comply with the April 15, 2011 order. Fourteen days passed and petitioner did not
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respond to the June 2, 2011 order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
assign a district judge to this action; and
IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice. See Local Rule 110; Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the United States District
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Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within twenty-
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one days after being served with these findings and recommendations, petitioner may file written
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objections with the court. The document should be captioned “Objections to Magistrate Judge's
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Findings and Recommendations.” Any response to the objections shall be filed and served
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within fourteen days after service of the objections. Petitioner is advised that failure to file
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objections within the specified time may waive the right to appeal the District Court's order.
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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: June 23, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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sal762.156
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