Beltran v. Aitken et al
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/16/2011 ORDERING the clerk to appoint a district judge to this action; and RECOMMENDING that respondents' 13 motion to dismiss be granted. Assigned and Referred to Judge Lawrence K. Karlton; Objections due within 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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GIRLIE BELTRAN,
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Petitioner,
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No. 2: 11-cv-1857 KJN P
vs.
TIM AITKEN, et al.,
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ORDER AND
Respondents.
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FINDINGS AND RECOMMENDATIONS
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Petitioner is proceeding, through counsel, with a petition for writ of habeas corpus
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pursuant to 28 U.S.C. § 2241. On October 7, 2011, respondent filed a motion to dismiss for lack
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of jurisdiction. On November 3, 2011, the undersigned ordered petitioner to show cause for her
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failure to oppose respondent’s motion. On November 11, 2011, petitioner filed a response to the
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show cause order and a statement of non-opposition to respondent’s motion. Good cause
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appearing, the order to show cause is discharged and the undersigned recommends that
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respondent’s unopposed motion to dismiss be granted.
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Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall appoint
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a district judge to this action; and
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IT IS HEREBY RECOMMENDED that respondent’s motion to dismiss (Dkt. No.
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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, 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 response to the
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objections shall be filed and served within fourteen days after service of the objections. The
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parties are advised that failure to file objections within the specified time may waive the right to
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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).
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DATED: November 16, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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bel1857.mtd
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