Turner v. Richardson

Filing 29

ORDER and FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Allison Claire on 3/20/14 ORDERING that the Clerk of the Court make a random assignment of a district judge to this case. It is RECOMMENDED that the instant petition be dismissed as duplicative of Turner v. Richardson, 2:13-cv-0454 WBS AC. Alternatively, it is recommended that the case be dismissed for petitioners wholesale failure to comply with the February 5, 2014 Order to Show Cause (ECF No. 27 ). Randomly assigned and referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Dillon, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ANTHONY R. TURNER,

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No. 2: 13-cv-1160 AC P

Petitioner,
v.
PAUL RICHARDSON et al.,
Respondents.

ORDER &
FINDINGS AND RECOMMENDATIONS

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Petitioner, a state prisoner proceeding pro se, has filed an application pursuant to 28

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U.S.C. § 2254. By Order filed on February 5, 2014, petitioner was ordered to show cause why

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this petition should not be dismissed as duplicative of Turner v. Richardson, 2:13-cv-0454 WBS

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AC P. That action, in which petitioner is represented by counsel, appears to challenge the same

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judgment of conviction at issue in the instant case. Petitioner was informed that if he wished to

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proceed only in Case No. 2:13-cv-0454 WBS AC P, he could file a notice of voluntary dismissal

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of the instant action pursuant to Fed. R. Civ. P. 41(a)(1)(A)(i).

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Petitioner has not responded to the court’s order and the time for doing so has expired.

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The court notes that on February 21, 2014, an amended petition was filed in Case No. 2:13-cv-

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0454 WBS AC P. That case, like this one, challenges petitioner’s March 18, 2010 conviction in

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Yolo County Superior Court on charges of transportation and possession of methamphetamine,

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and the resulting eighteen year sentence imposed on May 10, 2010. Accordingly, for the reasons

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set forth herein and in the Order filed on February 5, 2014 (ECF No. 27), the court recommends

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dismissal of the instant petition as duplicative. Alternatively, the court recommends dismissal for

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petitioner’s complete failure to comply with a court order. See Fed. R. Civ. P. 41(b); L. R. 110.

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Accordingly, IT IS ORDERED that the Clerk of the Court make a random assignment of a
district judge to this case.

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IT IS RECOMMENDED that the instant petition be dismissed as duplicative of Turner v.

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Richardson, 2:13-cv-0454 WBS AC. Alternatively, it is recommended that the case be dismissed

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for petitioner’s wholesale failure to comply with the February 5, 2014 Order to Show Cause (ECF

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No. 27). See Fed. R. Civ. P. 41(b); L. R. 110.

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These findings and recommendations are submitted to the United States District Judge

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assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days

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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.” Any response to the

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objections shall be filed and served within fourteen days after service of the objections. The

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parties are advised that failure to file objections within the specified time may waive the right to

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appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).

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DATED: March 20, 2014

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