Cross v. Unknown
Filing
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ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K Delaney on 8/8/11 ORDERING that Clerk assign a district judge to this case; RECOMMENDING that this action be dismissed without prejudice; referred to Judge John A. Mendez; Objections due within 14 days. (Dillon, M)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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JAMES P. CROSS,
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Petitioner,
No. 11-cv-1665 CKD P
Respondent.
ORDER AND
FINDINGS & RECOMMENDATIONS
vs.
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UNKNOWN,
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/
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By order filed June 29, 2011, petitioner was granted thirty days leave to file a
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petition that complied with the requirements of the Rules Governing Section 2254 Cases, the
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Federal Rules of Civil Procedure, and the Local Rules of Practice, along with an application to
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proceed in forma pauperis. (Doc. No. 4.) The thirty day period has now expired, and petitioner
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has not filed a petition or otherwise responded to the court’s order.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court assign a district
judge to this case.
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 fourteen
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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: August 8, 2011
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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cros1665.Fta
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