Williams v. Virga
Filing
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ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 11/7/2011 ORDERING the clerk to randomly assign a district judge to this action; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge Garland E. Burrell, Jr.; Objections due within 14 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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COURTNEY WILLIAMS,
Petitioner,
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vs.
VIRGA,
ORDER and
Respondent.
FINDINGS AND RECOMMENDATIONS
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No. 2:11-cv-2870 KJN P
Petitioner, a state prisoner proceeding without counsel, has filed a petition for writ
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of habeas corpus pursuant to 28 U.S.C. § 2254. The court’s records reveal that petitioner
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previously filed an identical petition in Williams v. Virga, Case No. 2:11-cv-2853 EFB P. Due
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to the duplicative nature of the present action, the court finds it frivolous and, therefore, will
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recommend dismissal of the instant petition. 28 U.S.C. § 1915(d).
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Accordingly, IT IS HEREBY ORDERED that the Clerk of Court randomly assign
a district judge to this action.
In addition, for the foregoing reasons, IT IS HEREBY RECOMMENDED that
this action be dismissed without prejudice. See Fed. R. Civ. P. 41(b).
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These findings and recommendations are submitted to the District Judge assigned
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to this case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being
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served with these findings and recommendations, petitioner may file written objections with the
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court. The document should be captioned “Objections to Magistrate Judge's Findings and
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Recommendations.” Any response to the objections shall be filed and served within fourteen
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days after service of the objections. Petitioner is advised that failure to file objections within the
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specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951
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F.2d 1153 (9th Cir. 1991).
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DATED: November 7, 2011
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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE
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will2870.123.duplic.
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