Walker v. Ferrara

Filing 15

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Dale A. Drozd on 9/24/2014 RECOMMENDING that this action be dismissed without prejudice to Fed.R.Civ.P. 41(b); and the Clerk be directed to close this case. Referred to Judge Kimberly J. Mueller; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ALVIN WALKER, 12 Petitioner, 13 14 No. 2:14-cv-00230 KJM DAD P v. FINDINGS AND RECOMMENDATIONS THOMAS FERRARA, 15 Respondent. 16 Petitioner is a former state prisoner proceeding pro se in this habeas corpus action filed 17 18 pursuant to 28 U.S.C. § 2254. Petitioner has paid the filing fee. On August 13, 2014, this court directed petitioner to file and serve, within 21 days, an 19 20 opposition or statement of non-opposition in response to respondent’s pending motion to dismiss. 21 (ECF No. 14.) Moreover, the court informed petitioner as follows: “Failure to comply with this 22 order will result in the dismissal of this action without prejudice pursuant Federal Rule of Civil 23 Procedure 41(b).” (Id. at 2.) More than 21 days have passed, and petitioner has not responded to 24 the court’s order, or otherwise communicated with the court. 25 ///// 26 ///// 27 ///// 28 ///// 1 1 Accordingly, good cause appearing, IT IS HEREBY RECOMMENDED that: 2 1. This action be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 3 41(b); and 4 2. The Clerk of Court be directed to close this case. 5 These findings and recommendations are submitted to the United States District Judge 6 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 7 after being served with these findings and recommendations, any party may file written 8 objections with the court and serve a copy on all parties. Such a document should be captioned 9 “Objections to Magistrate Judge’s Findings and Recommendations.” Any response to the 10 objections shall be filed and served within seven days after service of the objections. The parties 11 are advised that failure to file objections within the specified time may waive the right to appeal 12 the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991 13 Dated: September 24, 2014 14 15 16 17 DAD:4 walk230.f&r.dsms.hc 18 19 20 21 22 23 24 25 26 27 28 2

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