Opland v. Ives

Filing 6

ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 10/7/2011 ORDERING the clerk to randomly assign a US District Judge to this action; and RECOMMENDING that this action be dismissed w/out prejudice. Assigned and Referred to Judge Kimberly J. Mueller; Objections due w/in 21 days. (Yin, K)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL R. OPLAND,

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Petitioner,

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No. CIV S-11-0767 DAD P

vs.
RICHARD B. IVES,

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ORDER AND

Respondent.

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FINDINGS AND RECOMMENDATIONS
/

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On July 26, 2011, the court dismissed petitioner’s application for a writ of habeas

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corpus and granted him thirty days leave to file an amended petition. On August 24, 2011, the

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court granted petitioner a thirty-day extension of time to file an amended petition. The thirty-day

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period has now expired, and petitioner has not filed an amended petition or otherwise responded

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to the court’s order.

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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to
randomly assign a United States District Judge to this action.

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IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.

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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 twenty1

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one days after being served with these findings and recommendations, any party may file written

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objections with the court and serve a copy on all parties. Such a document should be captioned

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“Objections to Magistrate Judge’s Findings and Recommendations.” Any reply to the objections

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shall be served and filed within seven days after service of the objections. The parties are

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advised that failure to file objections within the specified time may waive the right to appeal the

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District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: October 7, 2011.

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DAD:9
opla0767.fta

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