Muao v. United States of America

Filing 5

FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 3/5/14 RECOMMENDING that this action be dismissed without prejudice. Referred to Judge Troy L. Nunley; 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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JULIO FATILUA MUAO,

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Petitioner,

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No. 2:14-cv-267-TLN-EFB P

FINDINGS AND RECOMMENDATIONS

v.
UNITED STATES OF AMERICA,

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Respondent.

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Petitioner is a federal prisoner proceeding pro se. On October 10, 2013 he filed a “motion

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for time credit due . . . under [18 U.S.C.] § 3585,” which the court construed as a petition for writ

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of habeas corpus pursuant to 28 U.S.C. § 2241.1 On January 29, 2014, the court ordered

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petitioner to, within 30 days, file an amended petition for a writ of habeas corpus and submit an

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affidavit in support of his request to proceed in forma pauperis or pay the appropriate filing fee.

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The time for acting has passed and petitioner has not complied with or otherwise responded to the

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court’s order.

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The motion was originally filed in 2:07-cr-269-TLN-EFB. The January 29 order
directed the Clerk to open a civil file for this action which was designated 2:14-cv-267-TLNEFB.
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Accordingly, IT IS HEREBY RECOMMENDED that this action be dismissed without
prejudice.

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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 reply to the objections

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shall be served and filed within fourteen days after service of the objections. 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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Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.

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1991). In his objections petitioner may address whether a certificate of appealability should issue

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in the event he files an appeal of the judgment in this case. See Rule 11, Rules Governing Section

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2254 Cases (the district court must issue or deny a certificate of appealability when it enters a

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final order adverse to the applicant).

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DATED: March 5, 2014.

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