Nash v. Kern Valley State Prison
Filing
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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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