Nash v. Kern Valley State Prison

Filing 7

FINDINGS AND RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/12/2012 RECOMMENDING that this action be dismissed without prejudice; Referred to Judge William B. Shubb; 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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JOSHUA JAHUE NASH,

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Petitioner,
vs.
KERN VALLEY STATE PRISON,
Respondent.

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No. 2:11-cv-3172 WBS KJN P

FINDINGS AND RECOMMENDATIONS
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On December 12, 2011, this court notified petitioner that it had no authority to

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grant his request to hold a “filing date” for his anticipated petition for writ of habeas corpus.

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(See Dkt. No. 3.) Petitioner was informed of the procedures for initiating a habeas corpus action,

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and accorded thirty days within which to do so. Petitioner was informed that failure to comply

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with the court’s order would result in a recommendation that this matter be dismissed. Petitioner

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has not responded to the court’s order.

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Accordingly, 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 14 days

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after being served with these findings and recommendations, plaintiff may file written objections
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with the court. The document should be captioned “Objections to Magistrate Judge’s Findings

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and Recommendations.” Plaintiff is advised that failure to file objections within the specified

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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153

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(9th Cir. 1991).

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DATED: March 12, 2012

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_____________________________________
KENDALL J. NEWMAN
UNITED STATES MAGISTRATE JUDGE

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nash3172.f&r.dsms

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