Morris v. Swarthout

Filing 13

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Gregory G. Hollows on 5/24/2012 RECOMMENDING that this action be dismissed; Referred to Judge John A. Mendez; Objections due within 14 days after being served with these F & R's. (Reader, L)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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PHILLIP MORRIS,

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Petitioner,

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No. CIV S-11-2832 JAM GGH P

vs.
GARY SWARTHOUT, Warden,

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Respondent.

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FINDINGS & RECOMMENDATIONS
/

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By order filed February 21, 2012, petitioner was granted thirty days to amend

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claims 3 and 5 of his petition upon the adoption of findings and recommendations, also filed on

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February 21, 2012, recommending dismissal with prejudice of certain other claims. By order

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filed on April 10, 2012, the February 21, 2012, findings and recommendations were adopted and

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claims 1, 2, 4, 6, 7, 8 and 9 were dismissed with prejudice. Thereafter, petitioner had thirty days

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to amend claims 3 and 5 only and had been cautioned that failure to do so would result in a

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recommendation of dismissal of this action. The thirty-day period has now expired, and

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petitioner has not filed an amended application or otherwise responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed.

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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 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: May 24, 2012

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/s/ Gregory G. Hollows
UNITED STATES MAGISTRATE JUDGE
GGH:009
morr2832.fta

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