Williams v. On Habeas Corpus

Filing 22

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Carolyn K. Delaney on 4/15/13 recommending that this action be dismissed without prejudice. Referred to Judge Lawrence K. Karlton; Objections to F&R due within 14 days.(Dillon, 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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ANTONIO R. WILLIAMS,

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Petitioner,

No. 2:12-cv-1588 LKK CKD P

Respondent.

FINDINGS AND RECOMMENDATIONS

vs.
UNKNOWN,

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By order filed March 5, 2013, petitioner was granted thirty days to file an

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amended petition containing only claims previously exhausted in the California Supreme Court.

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Petitioner was advised that failure to file an amended petition would result in a recommendation

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that this action be dismissed. (Dkt. No. 21.) The thirty day period has now expired, and

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petitioner has not responded to the court’s order.

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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed
without prejudice. See Local Rule 110; Fed. R. Civ. P. 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, 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: April 15, 2013

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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will1588.fta.hab

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