Purdy v. Butte County Superior Court et al

Filing 18

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 07/01/13 recommending that this action be dismissed for petitioner's failure to comply with the court's order. Referred to Judge John A. Mendez. 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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HELEN SOPHIA PURDY,

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Petitioner,

No. 2:12-cv-01830 JAM DAD P

vs.
BUTTE COUNTY SUPERIOR COURT,
et al.,

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Respondent.
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FINDINGS AND RECOMMENDATIONS
/

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Petitioner, a former inmate, apparently seeks to challenge a judgment of

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conviction entered against her in the Butte County Superior Court following her guilty plea

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pursuant to a plea agreement. Although petitioner filed hundreds of pages of documents related

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to that conviction she has failed to file a petition for a writ of habeas corpus with this court

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pursuant to 28 U.S.C. § 2254. On April 11, 2013, the court ordered petitioner to file a habeas

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petition within thirty days from the service of the court’s order. (ECF #13.) Petitioner was

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advised that her failure to comply with the court’s order would result in the dismissal of this

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action. On May 14, 2013, at petitioner’s request, the court granted her an additional thirty-days

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to file her petition. (ECF #17.) The time provided for petitioner to file her habeas petition in this

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action has passed and petitioner had not filed a habeas petition or otherwise responded to the

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court’s order.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed for
petitioner’s failure to comply with the court’s order.

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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 fourteen

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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.” Any response to the objections shall be filed and served

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within fourteen days after service of the objections. Petitioner is advised that failure to file

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objections within the specified time may waive the right to appeal the District Court's order.

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Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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In any objections she elects to file, petitioner shall address whether a certificate of

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appealability should issue in the event she files an appeal of the judgment in this case. See Rule

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11, Federal Rules Governing Section 2254 Cases (the district court must issue or deny a

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certificate of appealability when it enters a final order adverse to the applicant).

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DATED: July 1, 2013.

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DAD:4
purd1830.156

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