Webb v. Junious

Filing 21

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 6/26/12 recommending that this action be dismissed without prejudice. F&R referred to Judge John A. Mendez. Objections to F&R due within fourteen days. (Kaminski, H)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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TERRENCE WEBB,

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Petitioner,
vs.
MAURICE JUNIOUS,
Respondent.

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No. 2:12-cv-0056 JAM CKD P

FINDINGS AND RECOMMENDATIONS
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On March 9, 2012, respondent filed a motion to dismiss. Petitioner has not

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opposed the motion despite being ordered to do so and warned that failure to file an opposition

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would result in a recommendation that this action be dismissed. The time allotted for filing an

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opposition has now expired.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
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, 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.” In his objections petitioner

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may address whether a certificate of appealability should issue in the event he files an appeal of

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the judgment in this case. See Rule 11, Federal Rules Governing Section 2254 Cases (the district

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court must issue or deny a certificate of appealability when it enters a final order adverse to the

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applicant). Any reply to the objections shall be served and filed within seven days after service

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of the objections. The parties are advised that failure to file objections within the specified time

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may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th

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Cir. 1991).

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Dated: June 26, 2012

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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