Chavez v. Salinas

Filing 5

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 05/31/12 ORDERING that this case be randomly assigned to a District Judge. U.S. District Judge Kimberly J. Mueller randomly assigned to this action. Also, RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Kimberly J. Mueller. Objections due within 14 days. (Plummer, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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FILIMON COBRARRUBIA CHAVEZ,

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Petitioner,

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vs.

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No. 2:12-c00833-DAD

S.M. SALINAS,
Respondent.

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FINDINGS & RECOMMENDATIONS
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By an order filed April 17, 2012, petitioner was ordered to file an in forma

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pauperis affidavit or to pay the appropriate filing fee, within thirty days, or his habeas petition

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would be dismissed. The thirty day period has now expired, and petitioner has not responded to

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the court's order, has not filed an in forma pauperis affidavit, and has not paid the appropriate

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filing fee.
Accordingly, IT IS HEREBY ORDERED that this case be randomly assigned to a

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District Judge.
Also, IT IS HEREBY RECOMMENDED that this action be dismissed without

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prejudice.
These findings and recommendations are submitted to the United States District
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.” 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: May 31, 2012.

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DAD:4
chav0833.ftp

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